Stronghold Kingdoms
TERMS OF USE AGREEMENT
Last Updated October 25, 2010
YOU SHOULD CAREFULLY READ THE FOLLOWING STRONGHOLD KINGDOMS TERMS OF USE AGREEMENT (THE "TERMS OF USE" OR "AGREEMENT"). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT INSTALL, USE OR OTHERWISE ACCESS THE SOFTWARE OR SERVICE. PLEASE DELETE THE SOFTWARE PROGRAM IMMEDIATELY. IF YOU HAVE PURCHASED THE SOFTWARE FROM A RETAILER ARRANGE TO RETURN TO THEM WITHIN 30 DAYS THE GAME AND ALL PACKAGING AND OTHER ACCOMPANING MATERIALS AS MAY HAVE BEEN SUPPLIED TO YOU.
The terms “Firefly” “we”, “us”, “our” and “ours” when used in this Terms of Use shall mean FireFly Studios Limited. The terms “you”, “your” and “yours” when used in this Terms of Use shall mean any user of our Game (as defined below).
Welcome to "Stronghold Kingdoms" (the "Game"). The Game includes two components: (a) the software program along with any accompanying materials or documentation (collectively, the "Game Client") and (b) Firefly’s proprietary Stronghold Kingdoms online service (the "Service"). Your use of the Service is subject to these Terms of Use which you must accept before you can use the Game Client or the Service.
1. Grant of a Limited License to Use the Service
Subject to your agreement to and continuing compliance with these Terms of Use, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified Game Client. You may not use the Service for any other purpose, or in connection with any other software unless otherwise authorized by Firefly.
2. Additional License Limitations
The license granted to you in Section 1 is subject to the limitations set forth in Section 1 and this Section 2 (collectively, the "License Limitations"). Any use of the Service or the Game Client in violation of the License Limitations will be regarded as an infringement of Firefly’s intellectual property rights in and to the Game. You agree that you WILL NOT, under any circumstances:
a) use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software, databases or scripts designed to modify the Game experience and/or Service;
b) exploit the Game or any of its parts, including without limitation the Service, for any commercial purpose, including without limitation (a) for gathering any applicable in-game currency, items or resources for sale outside the Game; or (b) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
c) sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, nor shall you rent, lease or license the Game to others;
d) use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Game or the Service, including without limitation any software that reads areas used by the Game to store information about a character, village, or any other content or aspect of the game environment; provided, however, that Firefly may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
e) modify or cause to be modified any files that are a part of the Game Client or the Service in any way not expressly authorized by Firefly;
f) host, provide or develop matchmaking services for the Game or the Service, or intercept, emulate or redirect the communication protocols used by Firefly in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
g) facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by Firefly; or
h) disrupt or assist in the disruption of (i) any computer used to support the Service (each a "Server"); or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE
THE LEGITIMATE OPERATION OF THE GAME CLIENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not violate any applicable law or regulation in connection with your use of the Game Client or the Service;
i) reverse engineer, decompile, or disassemble the Game, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
j) use the Game or Service to send unsolicited emails, including, without limitation promotions or advertisements for products or services.
3. Eligibility and Access Requirements
a) You represent that you are an adult in your country of residence. You agree to these Terms of Use on behalf of yourself and, at your discretion, for up to three (3) minor children for whom you are a parent or guardian and whom you have authorized to use the account you create on the Service.
b) This Game is played over the internet through the Service provided by Firefly. You acknowledge and agree that you are responsible for acquiring your own internet connection and are responsible for the cost of all telephone and internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Service.
4. Ownership
4.1 All rights and title in and to the Game (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the Game Client, transcripts of the chat rooms, forum posts, in-game emails, character profile information, recordings of games played using the Game Client, and the Game Client and server software) are owned by Firefly or its licensors. The Game and the Service are protected by English and international laws, and may contain certain licensed materials in which Firefly’s licensors may enforce their rights in the event of any violation of this Agreement.
4.2 You further acknowledge the Game and the content used in and in connection with the Game is protected by copyrights, trademarks, and other proprietary rights owned by Firefly or its suppliers, title to all of which is expressly reserved, and that you acquire no rights in any of the same, express or implied, beyond those granted specifically in these Terms of Use.
5. Account, Username and Password
In order to play the Game you will need to set up an account by completing the registration process (the “Account”).” During the registration process, you may be required to create a profile and select a unique username and a password (collectively referred to hereunder as "Login Information"). When creating such Account, you may be required to provide Firefly with certain personal information. You agree that you will supply accurate information to Firefly when requested, and that you will update that information promptly after it changes. Failure to do so may result in suspension or termination of the Account. You may not share the Account or the Login Information with anyone other than as expressly set forth herein. Any personal information that is supplied to us in this way is subject to the terms of our Privacy Policy.
6. No Ownership Rights in Account
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FIREFLY.
7. Account Suspension/Deletion
FIREFLY MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of these Terms of Use.
8. Code of Conduct
8.1 As with all things, your use of the Game and the Service is governed by certain rules. These rules (the "Code of Conduct"), maintained and enforced exclusively by Firefly, must be adhered to by all users. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and Firefly reserves the right to determine which conduct it considers to be outside the spirit of the Game and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. Firefly reserves the right to modify this Code of Conduct at any time.
8.2 Rules Related to Player created names and labels.
Each user will be able to create in game names and labels that will be visible to all players. These include, but are not limited to player names, village names, forum names, faction names and mottos, and house names. When you choose to create a name or label that can be seen by other players using the Game or the Service, you must abide by the following guidelines as well as the rules of common decency. If Firefly finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and/or suspend or terminate your use of the Service. In particular, you may not use any name:
a) Belonging to another person with the intent to impersonate that person, including without limitation a "Liaison" or any other employee or agent of Firefly;
b) That incorporates vulgar language or which is otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
c) Subject to the rights of any other person or entity without written authorization from that person or entity;
d) That belongs to a popular culture figure, celebrity, or media personality;
e) That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
f) Belonging to any religious figure or deity;
g) Related to drugs, sex, alcohol, or criminal activity;
h) Referring to pop culture icons or personas
8.3 Rules Related to "Chat" and Interaction With Other Users.
Communicating in-game or through the Stronghold Kingdoms Forums with other Users and Firefly representatives, whether by text, voice or any other method, is an integral part of the Game and the Service and is referred to here as "Chat." When engaging in Chat, you may not:
a) Transmit or post any content or language which, in the sole and absolute discretion of Firefly, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
b) Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;
c) Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and services available outside of the Game;
d) Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without limitation continuous advertisements to sell goods or services;
e) Communicate or post any user's personal information in the Game, or on websites or forums related to the Game, except that a user may communicate his or her own personal information in a private message directed to a single user;
f) Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game;
g) Participate in any action that, in the sole and absolute opinion of Firefly, results or may result in an authorized user of the Game being "scammed" or defrauded out of items, resources, or any other items that such user has earned through authorized use of the Game;
h) Impersonate any real person, including without limitation any Firefly agent or employee, nor may you communicate in the Game in any way designed to make others believe that your message constitutes a server message or was otherwise posted by any Firefly agent or employee.
8.4 Rules Related to Game Play.
Firefly strictly enforces the rules that govern game play. Firefly considers most conduct to be part of the Game, and not harassment. These include attacking, capturing, and razing other player’s villages. The Game has a "player vs. player" element so you should always remember to protect yourself in areas where others can attack you, rather than contacting Firefly’s in-game customer service representatives for help when you have been attacked by another player. Notwithstanding the foregoing certain acts go beyond what is "fair" and are considered serious violations of these Terms of Use. Those acts include, but are not limited to, the following:
a) Using or exploiting errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players;
b) Conduct prohibited by these Terms of Use; and
c) Anything that Firefly considers contrary to the "essence" of the Game.
9. Security of Login Information
You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, whether or not authorized by you. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Firefly via http://support.strongholdkingdoms.com or by emailing admin@fireflyworlds.com.
10. Patches and Updates
Firefly shall have the right to deploy or provide patches, updates and modifications to the Game, as needed. These patches, updates and modifications to the Game must be installed for the user to continue to play the Game. For these purposes, Firefly may from time to time update the Game remotely, including, without limitation, the Game Client residing on your machine, without your knowledge or specific consent, and you hereby grant to Firefly your consent to deploy and apply such patches, updates and modifications to the Game.
11. Ownership/Selling of the Account or Virtual Items and Purchase of Virtual Items
11.1 Firefly does not recognize the transfer of Game Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. Firefly owns, has licensed, or otherwise has rights to all of the content that appears in the Game. You agree that you have no right or title in or to any such content, including without limitation in-game items and items associated with the Game including but not limited to “Strategy Cards”, “Card Points”, “Premium Tokens” or FireFly Crowns appearing or originating in the Game, or any other attributes associated with the Account or stored on the Service except as otherwise specified in these Terms of Use. Firefly may from time to time provide you with free in-game items (whether as part of a promotion, or otherwise) but has no obligation to do so and can suspend or withdraw the right for you to obtain in-game items by such means at its discretion.
11.2 Firefly does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Game. Accordingly, you may not sell in-game items, or items associated with the Game, including but not limited to Strategy Cards, Card Points, Premium Tokens or Firefly Crowns for "real" money, or exchange those items or Firefly Crowns for value outside of the Game.
11.3 If you wish to acquire items for use in the Game (or items associated with the Game including Strategy Cards, Card Points and Premium Tokens) you may only do so by using Firefly Crowns. Firefly Crowns can be purchased by credit card or other third party payment system as notified to you from time to time. When paying for Firefly Crowns, you will be asked by Firefly or its third party providers to supply certain information applicable to your purchase, including, without limitation, credit card and other information. When making a purchase you represent and warrant each and every time that (i) you are of a legal age to form a binding contract or a minimum of at least 18 years old (whichever is the greater) and (ii) you have the legal right to use the payment means selected by you. Any information you supply in the course of your transactions will be treated by Firefly in the manner described in our Privacy Policy, http://www.strongholdkingdoms.com/PrivacyPolicy.html. You agree to pay all charges incurred by you or any users of your Account and credit card (or other applicable payment mechanism). You will also be responsible for paying any applicable taxes relating to your purchase.
11.4 For the avoidance of doubt Firefly Crowns: (i) cannot be transferred, sold or exchanged for money, goods or services; (ii) have no monetary value; (iii) do not constitute currency or property; (iv) will expire (if not used to acquire in-game items) within 90 days of purchase; and (v) are not refundable except that you may cancel your purchase at any time prior to you receiving notification that your Firefly Crowns have been successfully transferred to your Account.
12. Changes to the Terms of Use Agreement or the Game
Firefly reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including without limitation access policies, the availability of any feature of the Game or the Service, hours of availability, content, data, software or equipment needed to access the Game or the Service, effective with or without prior notice; provided, however, that material changes (as determined in Firefly’s sole and absolute discretion) will be disclosed as follows: Firefly will provide you with notification of any such changes through a patch process, or by email, postal mail, website posting, pop-up screen, or in-game notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Game and the Account. Your continued use of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Firefly may change, modify, suspend, or discontinue any aspect of the Game at any time. Firefly may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.
13. Termination
This Agreement is effective until terminated. You may terminate this Agreement by terminating the Account and not accessing the Game Client. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made and acknowledge the forfeiture of all game currency and or items, including but not limited to ‘Firefly Crowns’, ‘Cards’, ‘Card Packs’, ‘Premium Tokens’, ‘Card Points’, ‘in-game items’ and ‘game invitations’. You agree and acknowledge that you are not entitled to any refund for any amounts, which were pre-paid on behalf of the Account prior to any termination of this Agreement Firefly may terminate this Agreement with or without notice by terminating the Account as set forth in Section 7. The provisions of Sections 4, 7, 11 and 14-20 shall survive any termination of this Agreement.
14. Warranty Disclaimer
THE GAME AND THE SERVICE ARE PROVIDED "AS IS" AND FIREFLY DOES NOT WARRANT THAT THE GAME OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIREFLY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.
15. Duration of the Service
Firefly does not guarantee that it will continue to offer access to the Service or support the Game. Firefly may, in its sole discretion, cease to provide any or all of the services offered in connection with the Game (including access to the Service and any or all features or components of the Game), terminate these Terms of Use and any rights or licenses granted herein and close all Accounts. Firefly may communicate such termination to you upon 90 days notice in any of the following manners: (i) when you log into your Account; (ii) in a notice on the Firefly website [1]; (iii) via electronic mail; or (iv) in another manner that Firefly deems suitable to inform you of the termination. If Firefly terminates these Terms of Use pursuant to this section, you will not be eligible to receive a refund for any amounts, which were pre-paid (including any amounts used to purchase Firefly Crowns) on behalf of the Account.
16. Limitation of Liability
NEITHER FIREFLY NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE GAME OR SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL FIREFLY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS OR GOODWILL
17. Force Majeure
Firefly shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Firefly, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Firefly’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
18. Acknowledgments
You hereby acknowledge and agree that:
18.1 WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES 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 THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE GAME, WOULD CONSTITUTE A VIOLATION OF SECTIONS 1, 2, 8 OR 9. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, FIREFLY MAY (a) COMMUNICATE INFORMATION BACK TO FIREFLY, INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
18.2 WHEN THE GAME IS RUNNING, FIREFLY MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS (ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT.
18.3 Firefly may, in accordance with the Privacy Policy [2]with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, Chat logs and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if Firefly believes that doing so may protect your safety or the safety of others.
18.4 FIREFLY MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that Firefly is under no obligation to monitor Chat, and you engage in Chat at your own risk.
19. Equitable Remedies
In the event that you breach this Agreement, you hereby agree that Firefly would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Firefly shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Firefly may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with this Section 19, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, reasonable attorneys' fees and other expenses incurred by such prevailing party in the litigation.
20. Dispute Resolution and Governing Law
20.1 This Agreement and all matters arising from it and any dispute resolutions referred to below shall be governed by and construed in accordance with English Law notwithstanding the conflict of law provisions and other mandatory legal provisions.
20.2 The parties irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales for the purposes of hearing and determining any dispute arising out of this Agreement.
21. Miscellaneous
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and Firefly concerning the Game and Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Firefly. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE GAME AND THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT. I further represent that I am over the age of majority in my country of residence or that I am a minor but have obtained the consent from my legal representative (parent or guardian) to enter into this Agreement.
© 2010 FIREFLY STUDIOS LIMITED. All rights reserved. Stronghold Kingdoms and FIREFLY STUDIOS LIMITED are trademarks or registered trademarks of FIREFLY HOLDINGS LIMITED.