Effective Date: 05/28/2010
Most Recent Update: 07/29/2016
I. Introduction and Agreement to these Terms of Service
Welcome and thanks for your interest in the products and services of 5th Planet Games, Inc. ("5th Planet"). By accessing and playing any games created by 5th Planet (the "Games"), you acknowledge that you have read, understood, and agree to the most recent version of these Terms of Service ("Terms").
5th Planet reserves the right to revise these Terms at any time. If we do, we will post the modified Terms on this page and indicate the date of most the recent change above. You agree to read all notifications we send you and to periodically check this page for updates to these Terms. Your continued use of the Games constitutes acceptance of these Terms and any modifications thereto. If you object to any changes, your sole recourse is to cease use of the Games.
II. License to Play
Subject to compliance with these Terms, 5th Planet is granting you a non-exclusive, non-transferable, revocable limited license to access the Games for your own non-commercial entertainment purposes only. You agree not to use the Games for any other purpose. If you violate any of these Terms, we reserve the right to terminate your license without notice.
III. In-Game Currencies and Goods
In addition to any third party obligations, it the following shall apply. In no way can Virtual Currency or Virtual Goods be redeemed for "real world" money, goods, or other items of monetary value from any party. Transfers of Virtual Currency or Virtual Goods outside of the Games are strictly prohibited. This means you may not buy or sell Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value outside of the Games. Just don't do it.
You also agree that all sales of Virtual Currency and Virtual Goods are final. No refunds will be given by Braintree, Paypal, Kongregate, or 5th Planet. Other than a limited, revocable, non-transferable license to use the Virtual Currency or Virtual Goods in the Games, you have no right in or title to such Virtual Currency and Virtual Goods. In the event that your account is terminated or suspended for any reason, in 5th Planet's sole and absolute discretion, or if 5th Planet discontinues its Games, you forfeit any and all Virtual Currency and Goods. 5th Planet has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and 5th Planet shall have no liability to you or anyone for the exercise of such rights.
IV. Rights to Content
"Content" means all software, communications, images, sounds, and material perceived or made available from the Games. Unless otherwise specified in writing, all Content is owned, controlled, or licensed by 5th Planet. All Content is copyrighted under United States copyright laws and/or similar laws of other jurisdictions, protecting it from unauthorized use. 5th Planet, its logos, and the Games' names are trademarks of 5th Planet and may not be used without 5th Planet's express written permission.
You agree that all Content, including but not limited to all accounts, characters created, Virtual Currency, and Virtual Goods acquired and developed during the course of the Games, are the sole and exclusive property of 5th Planet or its licensors. 5th Planet may use all Content for any purpose, including for commercial or promotional use without restriction or compensation to you. You agree not to copy, redistribute, publish, or otherwise exploit any Content in violation of the intellectual property rights of 5th Planet or any other third party.
V. User Generated Content
It is possible you may choose to contribute to the games through the submission of user generated content. User Generated Content may be defined as various kinds of content, publicly available, that are produced by end users (for example, wall posts, messages, and actions with others end users) as well as any feedback, comments, or suggestions that you provide to us regarding the Games.
You agree that such User Generated Content is wholly original to you and you exclusively own the rights to such User Generated Content, including the right to grant all of the rights and licenses in these Terms without 5th Planet incurring any third party obligations or liability arising out of its exercise of the rights granted herein by you.
You hereby grant to 5th Planet a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit in any manner whatsoever the User Generated Content, or any portion thereof, on the Games as well as any and all media now known or hereafter developed and to advertise, market, and promote the same. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content.
5th Planet representatives reserves the right to monitor User Generated Content in the Games, but cannot monitor or prescreen all of the User Generated Content and do not attempt to do so. We have the right, but not the obligation, to edit, refuse to post, or remove any User Generated Content posted in the Games that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by contacting us. We do not assume any responsibility or liability for User Generated Content that is generated by users of the Games. You bear the entire risk of the completeness, accuracy, or usefulness of your User Generated Content found in the Games.
VI. User Code of Conduct
Your use of the Games is governed by certain rules (the "Code of Conduct") maintained and enforced by 5th Planet. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and 5th Planet reserves the right to determine which conduct it considers to be outside the spirit of the Games and to take such disciplinary measures as it sees fit up to and including termination and deletion of the user's account. The Code of Conduct governs all aspects of your interaction with the Games, including but not limited to selecting your character name, choosing a name for a Guild, and otherwise accessing the Games.
If 5th Planet finds in its sole and exclusive discretion that you have violated the Code of Conduct, we can change or remove the violating item and/or suspend or terminate your access to and use of the Games.
You agree that your use of and conduct in the Games shall be lawful and you will not:
• transmit or post any content or language which, in 5th Planet's sole and absolute discretion, 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;
• communicate or post any user's personal information, including but not limited to another user's address, phone number, e-mail address, or credit card number, in the Games without the user's express written consent, except that a user may communicate his or her own personal information;
• violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
• make improper use of 5th Planet's support services or submit false reports of abuse or misconduct;
• disseminate, transmit, or attempt to upload viruses, Trojan horses, keyboard loggers, time bombs, adware, spyware, or any other malicious or invasive code of program;
• reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) that 5th Planet created to generate web pages or any software or other products or processes accessible through the Games;
• except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Games, or use or launch any unauthorized script or other software;
• interfere with or circumvent any security feature of the Games or any feature that restricts or enforces limitations on use of or access to the Games or Content;
• participate in any action that, in 5th Planet's sole and absolute opinion, results or may result in an authorized user of the Games being defrauded out of Virtual Currency or Virtual goods that the user has earned through authorized game play in the Games;
• sell the Games or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value; or
• engage in cheating or any other activity deemed by 5th Planet to be in conflict with the spirit or intent of the Games;
• access our services using more than one personal profile especially with the intent of gaining an advantage over other players.
Again, please be aware that any activities on Facebook beyond the scope of the Games are governed by Facebook's Statement of Rights and Responsibilities, which you can access here: www.facebook.com/terms.php.
By accessing and using the Games, you represent and warrant that you are at least 13 years old. If you are a minor over the age of 13, we recommend you seek consent from a parent or legal guardian before accessing the Games.
We reserve the right to terminate or suspend your account or access to any or all of the Games at any time and for any reason. It is within our sole discretion and determination to terminate your account for what we deem to be a violation or reach of these Terms. In the event that we terminate or suspend your account, you will have no further access to your account or anything associated to it. As stated above, you will not be entitled to a refund of any Virtual Currency or Virtual Goods acquired or developed during the Games.
X. Dispute with Others
We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Games. If you have a dispute with other users, you release 5th Planet and hereby agree to indemnify 5th Planet from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Harassment takes many forms, and is not necessarily limited to the type of language used, but the intent. Repeatedly targeting a specific player with offensive behavior can and will be considered harassment. If you find yourself being harassed by a player in any of our provided communication channels, please contact our support team and report the offending player.
XII. Disclaimer of Warranties and Limitation of Liability
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY 5TH PLANET ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. 5TH PLANET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GAMES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GAMES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 5TH PLANET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5TH PLANET DOES NOT WARRANT THAT ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU; THEIR SERVERS; OR E-MAIL SENT FROM 5TH PLANET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 5TH PLANET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
XIII. Applicable Law
By accessing and using the Games, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and 5th Planet.
You agree to defend, indemnify and hold harmless the 5th Planet parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use the Games and/or your breach or alleged breach of any term, condition, obligation, representation, or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Games.
XV. Complaints and Notices
The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in this game in a way that may constitute copyright infringement, you can provide notice of your claim to 5th Planet’s Designated Agent listed below. For your notice to be effective, it must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located in this game;
4. Information reasonably sufficient to permit 5th Planet to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
5th Planet’s Designated Agent is:
5th Planet Games, Inc.
Attn: Legal Department
6030 West Oaks Blvd, Suite 190
Rocklin, CA 95765
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
The failure of 5th Planet to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in force.
XIX. Entire Agreement
These terms and conditions constitute the entire and exclusive agreement between you and 5th Planet concerning your use of the Games and supersedes any and all statements or other agreements, whether oral or written, between you and 5th Planet regarding that use.
Harassing players within the game via message text, on the forums, or on the game's Facebook wall is expressly forbidden. This includes swearing, threats, derogatory expressions, and offensive language in general.
5th Planet will only deal with harassment incidents which occur within the game itself, on our official forums, chat, and Facebook page. We will not attempt to police interactions between our players when they occur in other environments - since these situations cannot be prevented, investigated, or resolved by us. Please deal with these cases by reporting them to the appropriate authorities. For example, if someone engages in harassing behaviour on your Facebook wall, report that to Facebook.
Retaliation is not an acceptable reason for violating these rules. If someone harasses you, harassing them in return within the game, on our forums, or on our wall will cause us to take action against you as well.
Using multiple accounts to play the Games is a punishable offense. Each player may only maintain one account per Games, and any alternate accounts we discover will be banned.
Reported players will be dealt with on a case by case basis by 5th Planet, and appropriate measures will be taken - if we believe that there is sufficient evidence of a violation of our rules.
Players may report offenders at firstname.lastname@example.org.
Players are not allowed to use the name "Banned" as game name. Only people that are actually banned by 5th Planet will have that indication.
Mobile Users (iOS - Android)
In addition to all above terms and conditions, players using the mobile platforms also agree that they accept the terms & conditions of following partners: