Visionary Realms, Inc.
Pantheon: Rise of the Fallen
Official Community Website
TERMS AND CONDITIONS
These terms and conditions govern your use of this Visionary Realms, Inc. (“VR”) – Pantheon: Rise of the Fallen – Community Website (“website”). By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. You must be at least 13 years of age to use this website. By using this website, and by agreeing to these terms and conditions, you warrant and represent that you are at least 13 years of age. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy Statement.
Unless otherwise stated, VR and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without VR’s express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without VR’s express written consent.
VR reserves the right to restrict access to non-public areas of this website, or indeed this entire website, at VR’s discretion. To access certain features and functions of the website, including certain versions of the Pantheon: Rise of the Fallen game, you may be required to set up an account (“Account”). If you set up an Account, the following terms apply:
Accounts are available only to individuals 18 years of age or older. By clicking the “I Accept” button you represent that you are an adult 18 years of age or older. Only you may use your Account. You accept full responsibility for any unauthorized use of the website or related services by minors, including any use of your credit card or other payment instrument by minors. If you are at least 13 years old and younger than 18 years of age and wish to set up an Account, your parent(s) or guardian(s) must complete the registration process, open an Account in their name(s) and accept full responsibility for all obligations under this Agreement.If you are under the age of 13, you may not create an Account, even with the authorization of your parent or guardian. Those who have completed these steps and who maintain their Account in good standing are sometimes referred to in this Agreement as “Members.” The registered user of an Account may use the Account or may choose instead to permit a minor child of the registered user to use the Account. You are liable for all activities conducted through your Account, and parents or guardians are liable for all activities of their minor child conducted through the Account.
At the time your Account is opened, you must choose a name to identify yourself to Visionary Realms staff (your “Account ID”). Your Account ID will be the name shown to other Members on the official Game message boards. You may not select as your Account ID a name which violates any third party’s trademark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of Visionary Realms, or which Visionary Realms deems in its sole discretion to be vulgar or otherwise offensive. Visionary Realms reserves the right, in its sole discretion, to (1) delete or alter any Account ID, or (2) terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or tradename right, copyright, or other proprietary right. You are solely liable for all activities conducted through your Account or under your Account ID.
By agreeing to this Agreement, you acknowledge that Visionary Realms is providing you access to the website and related services and that you do not own the Account you use to access the website and/or related services, the characters Visionary Realms stores on Visionary Realms servers, the items stored on these servers, or any other data included on the servers and accounts. The Account you create is needed to access certain features and functionality, and any fee that you pay is to continue to access such features and functionality.
At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account and Account ID. At no time should you respond to an online request for a password. Visionary Realms will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process. In the event you become aware of or reasonably suspect any breach of security, including without limitation, any loss, theft or unauthorized disclosure of your password, you must notify Visionary Realms and modify your password.
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form (“Registration Data”) and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Visionary Realms has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Visionary Realms has the right to suspend or terminate your Account and refuse any and all current or future use of the website or related services.
Members whose Accounts have been terminated by Visionary Realms may not access the website or related services in any manner or for any reason, including through any other Account, without the express written permission of Visionary Realms.
If Visionary Realms terminates an Account, Visionary Realms may terminate any other Accounts that share the same member name, phone number, email address, postal address, Internet Protocol address, or credit card number with the terminated Account.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to VR a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to VR the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or VR or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. VR reserves the right to edit or remove any material submitted to this website, or stored on VR’s servers, or hosted or published upon this website. Notwithstanding VR’s rights under these terms and conditions in relation to user content, VR does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
By pledging or subscribing on this site, you agree to be bound by the Terms and Conditions herein. VR offers no guarantees or warranties of performance, service, Pantheon Rise of the Fallen (“PRotF”) completion or delivery of Pledge Package items. While VR will make a best faith effort to complete, release and support PRotF, game development is a high risk endeavor. For any number of reasons, VR may not be able to complete PRotF, offer access to the game, or may not be able to deliver some or all items listed in the Pledge Packages. Items included in Pledge Packages may be substituted, changed or eliminated at any time for any reason or no reason at the sole discretion of VR. Access to part or all of the website, PRotF or Pledge Package items may be revoked or suspended at any time for any reason or no reason at the sole discretion of VR. VR reserves the right to suspend, change, or cease the service (including, but not limited to, the availability of any support, item, function, feature, database, or Content) at any time for any reason or no reason. The Company may also restrict access to parts or all of the website or game without notice or liability. VR does not offer refunds under any circumstances including but not limited to cases when it is unable to deliver all of part of a PRotF or a Pledge Package. Terms are subject to change at any time without notice.
This website is provided “as is” without any representations or warranties, express or implied. VR makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, VR does not warrant that:
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.
VR will make a best effort to provide the reward(s) offered as part of subscription plans, shop items, or future virtual in-game items, but delivery is not guaranteed.
VR will not be liable to you (whether under the law of contracts, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit VR’s liability in respect of any:
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, VR has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against VR’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect VR’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as VR.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify VR and undertake to keep VR indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by VR to a third party in settlement of a claim or dispute on the advice of VR’s legal advisers) incurred or suffered by VR arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Without prejudice to VR’s other rights under these terms and conditions, if you breach these terms and conditions in any way, VR may take such action as VR deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
VR may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
VR may transfer, sub-contract or otherwise deal with VR’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with any additional Non-Disclosure Agreement(s), constitute the entire agreement between you and VR in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
These terms and conditions will be governed by and construed in accordance with The State of California, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of San Diego, California.
You can contact Visionary Realms, Inc. by using our web form or by email to support@visionaryrealms.com.
Pursuant to Cal. Civil Code § 1789.3, please note that
(a) VR is located at 7668 El Camino Real Suite 104-341, Carlsbad CA 92009
USA,
(b) the fees and charges for VR vary depending on the services selected by you, and
(c) if you have a complaint regarding VR or desire further information on use of VR, email
support@visionaryrealms.com.
For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.
Credit:
Portions of this document were created using a Contractology template available at
http://www.freenetlaw.com.