Shartak - Terms of Use

Some aspects of the following have been clarified here.

The Short Version

  1. This only applies to sites within the domain shartak.com (such as the forum, wiki, and main site)
  2. You must be at least 13 years old to sign up.
  3. Offensive or inappropriate behaviour/profiles will result in action being taken.
  4. If you submit ideas to the Shartak Team, they may be used freely.
  5. Display of your personal details are under your control.
  6. If some part of Shartak doesn't work how you want/expect it to, it doesn't have to be fixed (but probably will be).
  7. Only one account per person but you can have multiple characters per account (up to 3 non-donated characters, unlimited donated characters).

The Long Version

In these Terms Of Use, the "Website" refers to the websites within the shartak.com domain, including but not limited to, forum.shartak.com, www.shartak.com and wiki.shartak.com. "We/us/our/me/I/my" means Simon Amor and the Shartak Team.

If you aren't happy with any of the conditions below, discontinue use of the Website immediately. Continued use of the Website indicates your agreement to these terms. This page may change from time to time, please check back regularly although an in-game event may be used to provide notification of changes.

The Rules

  1. No illegal activity please! This includes but is not limited to, unlawful behaviour, attempting to affect the functionality of the Website and attempting to affect the server on which the Website is hosted.
  2. Offensive or inappropriate character profiles are not permitted and may be disabled with or without notice. We decide what is offensive. If we're feeling particularly generous and it's your character name that is deemed offensive, you may be permitted to rename your character to avoid losing skills/inventory.
  3. Offensive behaviour may also lead to termination of accounts, reduced status within the game (such as removal of skills or XP, or limiting AP), or other punishments at our discretion.
  4. We reserve the right to modify or withdraw the Website (or any part of) without notice and shall not be liable for any consequences.
  5. If you send us any Shartak related communication, for example by email or through the website, we may use it for any purpose. This also includes postings to the official Shartak Forum. Furthermore, we are free to use any ideas, concepts or techniques contained in the communication for any purpose whatsoever.
  6. We have the right to monitor activity on the Website and may use it to investigate complaints, debug problems, or just because we feel like it.
  7. Any content from external sites is not our responsibility. This includes any unofficial forums and other sites providing Shartak related services but not hosted within the shartak.com domain.
These Rules form part of the Terms of Use of this website, and may be modified from time to time. In such event we will endeavour to give you reasonable notice of these changes prior to their implementation. Your ongoing use of the website is deemed to be acceptance of any changes to the Rules. If you inform us in writing that you do not accept the changes to the Rules, we will disable your accounts to endeavour to prevent your access to the website.

Your Privacy

For the purposes of occasionally sending out announcement emails and certain administrative functions such as sending forgotten passwords, shartak.com collects personal information such as email addresses, website urls and real names. Other than a valid email address, Such information is always submitted voluntarily by the user through character registration or character profile updates. User information is never sold or shared with other parties unless required to do so by law enforcement agencies.

shartak.com uses "cookies" as a means to maintain logins but not to acquire personal information. Advertising within the Website may use cookies as a means to track click-throughs but these are not under our control as advertising is through Google Adsense and Project Wonderful.

This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Your email address will never be displayed on your profile without your permission which is indicated by updating your personal preferences and ticking the relevant checkbox.

Logging in using Facebook only uses the numeric Facebook id (visible in your Facebook profile link) and your email address. All other information that you have made public and is available through the Facebook API is discarded as soon as you have logged in.

Access to personal information is restricted with the exception of any information displayed within user profiles at http://www.shartak.com/profile.cgi (click for a sample) or User pages within the wiki at http://wiki.shartak.com/ whose content is also submitted voluntarily.

And the legal stuff...

WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION PLACED ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT. WE SHALL NOT BE HELD LIABLE FOR ANY DAMAGES RESULTING FROM USE OR MISUSE OF ANY INFORMATION ON THE WEBSITE.

To the full extent permitted by law, the maximum aggregate liability of the Service Provider for all claims under or relating to this Agreement or its subject matter shall be a sum not greater than the annual sum paid by you to us for the use of the website.

If any part of the Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Use and shall not effect the validity and enforceability of any of the remaining provisions of the Terms of Use.

The Terms of Use will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Nothing contained in this Agreement creates an agency, partnership, joint venture or employment relationship between you and us.

You warrant that your provision or posting of any images, text or other intellectual property within any part of the website (including but not limited to your profile or on the forum or wiki) will not infringe any other person's intellectual property and that we will be entitled to use that material without the consent of any other person. You agree to keep us fully and effectively indemnified against all costs, claims, expenses, demands, and liabilities of whatsoever nature arising out of, or in connection with, the use by us of any infringing images, text or intellectual property which have been provided or posted by you to any part of the website.

By accepting these Terms of Use, we grant to you a non-exclusive, royalty free licence (save as otherwise provided for herein) during the duration of the website's ownership by us to use the website solely for the purpose of gaming, subject to our standard IP address use restrictions. You are not permitted to use the website or any part of the website to advertise your or any third parties' goods and services without our express written permission.
In the event you choose to upgrade your license by the payment of a minimum of USD5 per character so as to prevent that character from counting towards the restriction of 250 "hits" per day per IP address then we grant you a non-exclusive license during the duration of the website's ownership by us to use the website solely for the purpose of gaming, with the benefits as specified on the donations page.

Any new intellectual property rights accruing by reason of:
(i) our use, modification, adaptation, improvements, suggestions, or customisation of the material provided by you shall be owned by us; and
(ii) your authorised use, modification, adaptation, suggestions, improvements, or customisation of the material provided by you shall be owned by us. In the event of any creation of any new intellectual property rights under this clause you shall give all reasonable assistance to us to protect or commercialise the new intellectual property rights including but not limited to the execution of any documents relating to ownership of the new intellectual property rights.

You must not, and must not assist any person in:
(a) probing, scanning or testing the vulnerability of our systems or networks or to breach security or authentication measures without the express permission of us, phishing, brand-spoofing, IDN spoofing, skimming, forging of any TCP-IP packet header, e-mail header or part of any message header, and other forms of e-mail and internet fraud or surreptitious interception or expropriation;
(b) providing access by third parties using software or on-line viruses, Trojan horses, worms, time bombs, cancelbots, and other unauthorised programs or routines that may damage, or interfere with any system, program, data or personal information.

Nothing in these Terms of Use shall prevent us from assigning our rights to any third party without notice to you.

We may inspect your content (forums posts, profile or other content you may add to the website) or investigate any alleged violation of this Terms of Use or any third-party complaints. We will not access or review the contents of any e-mail or other stored electronic communications facilitated by the website except as required or permitted by applicable law or legal process. In the event that we determine in our sole and reasonable discretion that any of your content or conduct or actions by you (including any joint users) are objectionable, unlawful, potentially infringing or otherwise violate these Terms of Use, or other applicable policy, we may take any action that we deem appropriate and reasonable under the circumstance to protect our systems, facilities, other users of the website and/or third parties. Such corrective action includes, but is not limited to: (a) issuing a warning; (b) immediately suspending or terminating the services available to you; (c) restricting or prohibiting access to any of the content that is objectionable or otherwise violates these Terms of Use; and/or (d) disabling or removing hypertext links, the content or the content of any third party from our systems. In the event we take corrective action, we shall not refund any fees paid in advance of such corrective action. Without limiting the foregoing, it is our policy to terminate our services for repeated violations of our Terms of Use including our Acceptable Use Policy. You agree that we are not liable for any defamatory or illegal content or any content contrary to our Terms of Use including Acceptable Use Policy. You warrant to indemnify use for any and all liability, damages, awards of costs (on an indemnity basis or otherwise), legal costs (on a solicitor-client basis) and disbursements (including barristers' fees) arising by way of the provision of the website and our services and systems to you resulting in your defamation of us or a third party or the perpetuation of any defamatory material, or the infringement of any third parties' intellectual property rights, or the breach of any other law of the United Kingdom or elsewhere (as applicable) as a result of your content.

To comply with applicable laws and lawful governmental requests, to protect our systems and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose to third parties any information we consider necessary or appropriate, including, without limitation, user profile information (ie. name, e-mail address, etc.), IP addressing and traffic information, usage history, and the content residing on our systems.

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