Last modified March 1, 2016
2. Access to the Service.
2.1. Subject to your acceptance of and compliance with this Agreement, Ortus Regni grants to you a non-exclusive, non-transferable, revocable limited license to use the Service for your personal non-commercial use. You agree not to use the Service for any other purpose, or to download, save, copy or distribute the Service’s content including without limitation material on the Service’s Public Areas (as defined below) and material created via the Service (the “Content”), except as specifically allowed in this Agreement.
2.2. Ortus Regni may change, modify, suspend, or discontinue in its entirety or any aspect of the Service at any time. Ortus Regni may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service at any time, all without notice or liability.
2.3. You agree to be bound by any application-, tool-, or content-specific rules published within the Service or any directions of Ortus Regni with respect to the Service. For clarification but not limitation, you agree to change your user name if Ortus Regni, in its discretion, finds your selected user name inappropriate or offensive.
2.4. You expressly agree that the Content may be viewed and accessed only by end users and not by any other website or web publisher.
2.5. Your use of the Service is conditioned upon your compliance with this Agreement and any use of the Service in violation of this Agreement will be regarded as an infringement of Ortus Regni’s copyrights in and to the Service. Ortus Regni reserves the right to terminate your access to the Service without notice if you violate this Agreement or for any reason at Ortus Regni’s discretion.
2.6. Use of the Service by Minors. The Service is intended for individuals at least 13 years old. If you are under the age of 13 you are prohibited from using the Service. Additionally, if you are between the ages of 13 and 21, you represent that your parent or legal guardian has reviewed and agrees to be bound by this Agreement on your behalf.
3. Ownership of Intellectual Property.
3.1. Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by Ortus Regni and its licensors and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Ortus Regni, and the Ortus Regni logos, are trademarks of Ortus Regni and may not be used without the express written permission of Ortus Regni.
3.2. You do not acquire any ownership rights by using the Service or downloading material from or uploading material to the Service.
3.3. You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of Ortus Regni.
3.4. You hereby grant to Ortus Regni an unlimited, non-exclusive, worldwide, perpetual, irrevocable, royal-free license, with unlimited sublicensing rights, to use all comments, feedback, blog or forum statements, in-Service text chat messages, suggestions, ideas, and other submissions disclosed, submitted, or offered to Ortus Regni in connection with your use of the Service, including without limitation by email to Ortus Regni (collectively, “Submissions”) in any manner whatsoever Ortus Regni may desire, including, but not limited to, to make, have made, use, sell, offer to sell, import, reproduce, modify, create derivative versions of, distribute, publicly display and publicly perform such Submissions, in any and all forms and media now known or hereafter devised. Without limitation of the foregoing, you agree that unless otherwise prohibited by law Ortus Regni may use, sell, exploit, disclose, revise, and delete the Submissions in any manner, including any public manner, without restriction, without compensation to you and without identifying you as the creator of the Submissions. You represent and warrant that any Submissions are your original creations, that you have all rights to the Submissions, and that the Submissions do not infringe or violate the rights of any party, including without limitation any intellectual property rights or rights or privacy or publicity. You agree that the provisions in this Section 3 will survive any termination of your account(s), the Service, or this Agreement.
3.5. You agree to include, and to not remove or alter, Ortus Regni’s trademark, copyright or other proprietary rights notices, as provided by Ortus Regni on or in connection with the Service, when using or sharing content, or otherwise using the Service, and you agree to comply with usage guidelines that may be provided by Ortus Regni from time to time. You agree that all goodwill that arises in connection with your use of Ortus Regni trademarks inures exclusively to Ortus Regni, and you agree not to challenge Ortus Regni’s ownership or control of any Ortus Regni trademarks, nor use or adopt any trademarks that might be confusingly similar to such Ortus Regni trademarks.
3.6. Subject to your acceptance of and compliance with this Agreement, Ortus Regni grants to you a non-exclusive, non-transferable, revocable limited license to post a screen shot or video footage from your account, and any other materials that Ortus Regni specifically gives you notice may be posted on other websites, on your own personal website or on a third party website that permits posting of content at the direction of users provided that such third party website (a) is not commercially competitive to Ortus Regni, (b) does not criticize or injure Ortus Regni, (c) does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and (d) does not charge for access to such content or associated products, services or advertising with such content, so long as the website where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable information, topic, name or other material. All of Ortus Regni’s rights and remedies are expressly reserved, and Ortus Regni may revoke this limited license, in whole or in part, upon notice.
4. Public Areas. The Service may feature various community areas and other public forums, including but not limited to your in-Service text chat messages, user name, and communications (including those between users) (the “Public Areas”). If you use a Public Area of the Service, you are solely responsible for your own Submissions, the consequences of posting your Submissions, and your reliance on any information in the Public Areas or other areas of the Service. In the event that you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. Any information you share, including without limitation any discussions with others, in any online Public Area is by design open to the public and is not private. The Ortus Regni Parties (as defined herein) reserves the right to, but shall not be obligated to, record any dialogue or exchanges in the Public Areas of the Service. The Ortus Regni Parties shall have no responsibility for any actions taken, or failures to take action, with respect to the Public Areas of the Service or any Submissions. As with any public forum on any website, the information you post may show up in third-party search engine results.
5. Passwords. Ortus Regni has several tools that allow you to record and store information in your account. You are responsible for all actions on the Service by you or under your Service password or account and for taking all reasonable steps to ensure that no unauthorized person shall have access to your Service password or account and you are responsible for all actions taken by individuals that you register to use the Service. Without limiting the foregoing, it is your sole responsibility to (1) control the dissemination and use of any login code and password; (2) authorize, monitor, and control access to and use of your Service account and password; (3) promptly inform Ortus Regni of any need to deactivate a password. You grant Ortus Regni and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store, and use any information recorded and/or stored in your account in connection with the operation of the Service.
6. Usage Rules.
6.1. As a condition of your use of and access to the Service, you agree to comply with any application-or content-specific rules published within the Service as well as the following usage rules, which Ortus Regni may modify or supplement in its discretion from time to time (with notice to you of material changes, per Section 1). You agree that your activities on the Service will not:
(b) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service creates to generate web pages or any software or other products or processes accessible through the Service;
(c) 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 Service, or use or launch any unauthorized script or other software;
(d) distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
cover or obscure any notice, legend, warning, banner or advertisement contained on the Service;
(f) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;
(g) sell the Service or any part thereof including user accounts and access to them in exchange for real currency or items of monetary value;
(h) violate any applicable law, including without limitation any applicable export laws;
(i) harvest or otherwise collect information about others, including email addresses, without their identification for posting or viewing Submissions;
(j) infringe or violate the rights of any other party, including without limitation any intellectual property rights or rights of privacy or publicity;
(k) be obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or cause embarrassment to any other person (including without limitation by choice of user name or through in-Service text chat messages) as determined by Ortus Regni in its sole discretion;
(l) further any chain letters or pyramid schemes;
(m) deliberately mislead anyone as to your identity, impersonate another, or falsely identify the source of any Submissions;
(n) allow another person or entity to use your identity in order to access the Service or post or view Submissions;
(o) post the same Submission more than once, transmit unsolicited messages, or engage in “spam”;
(p) engage in conduct deemed by Ortus Regni to be in conflict with the spirit or intent of the Service, including without limitation, by disrupting the flow of dialogue in a Public Area (as defined above), posting comments that are not related to the topic being discussed, restricting any other user from using or enjoying the Service, or exposing Ortus Regni or another to any liability or detriment of any kind;
(q) engage in cheating or any other activity deemed by Ortus Regni to be in conflict with the spirit or intent of the Service; or
(r) scrape or crawl the information or data on the Service.
8. Child Online Protection Act Notification. Pursuant to 47 U.S.C. § 230(d) as amended, Ortus Regni hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying providers of such protection is available on the websites StaySafeOnline (http://staysafeonline.org/stay-safe-online/), GetNetWise (http://kids.getnetwise.org/), and OnGuardOnline (http://www.onguardonline.com/). Please note that Ortus Regni is not affiliated with the above listed sites, nor is the above intended as an endorsement of any of the products or services listed on such sites.
9. Disclaimers; Limitations; Waivers of Liability.
9.2. THE ORTUS REGNI PARTIES FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR THE CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT, OR TIMELY.
9.3. THE ORTUS REGNI PARTIES DO NOT ENDORSE OR WARRANTY ANY INFORMATION THAT MAY BE REFERENCED ON OR THROUGH THE SERVICE. THE SERVICE HEREUNDER IS DESIGNED FOR ENTERTAINMENT PURPOSES ONLY. THE ORTUS REGNI PARTIES HAVE NO RESPONSIBILITY FOR OR INVOLVEMENT WITH ANY RELATIONSHIP THAT EXISTS OR COMES TO EXIST BETWEEN USERS OF THE SERVICE THROUGH THE SERVICE.
9.4. THE ORTUS REGNI PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE ORTUS REGNI PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, AND A DETERMINATION IS MADE THAT ORTUS REGNI IS LIABLE, THE PARTIES AGREE THAT THE CAP ON SUCH LIABILITY, AND THE MOST THE ORTUS REGNI PARTIES WOULD BE LIABLE TO YOU FOR, IS $100. FOR THE AVOIDANCE OF DOUBT, UNDER NO CIRCUMSTANCES WILL THE ORTUS REGNI PARTIES BE LIABLE TO YOU FOR MORE THAN $100.
9.5. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
9.6. Release. You forever release, discharge, and covenant not to sue the Ortus Regni Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Ortus Regni Parties, or otherwise, in connection with your use of the Service or your interaction with any party through or as a result of the Service. In other words, you agree that you cannot sue the Ortus Regni Parties if anything happens to you or your property in connection with your use of the Service or your interaction with any party through or as a result of the Service. You agree that the provisions in this Section 9 will survive any termination of your account(s), the Service, or this Agreement.
10. Indemnification. You agree to defend, indemnify and hold harmless the Ortus Regni Parties from and against all liability, claims, actions and expenses, including attorneys’ fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement. You agree that the provisions in this paragraph will survive any termination of your account(s) the Service, or this Agreement.
11. Objectionable Content/Copyright Takedown: If you believe your rights have been violated by, or you otherwise object to, any posting, content or information on the Service, please contact us promptly so we can evaluate the claim and take appropriate action. If your complaint includes a claim of copyright infringement, the following policy will apply:
Copyright Policy: It is Ortus Regni’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the content or materials appearing on this Service contain infringements, please send a notice to our designated agent at the address stated below. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Ortus Regni will also terminate a user’s account if a user is deemed to be a repeat infringer, namely, one who has been notified of bona fide infringing activity more than twice. Our designated agent, to whom you should direct your infringement claim (or other complaints), is:
Attention: Jonathan Sudbury
Jon Sudbury Games
45 Walnut Street
Somerville, MA 02143
Telephone Number: (617) 642-2159
13. Governing Law/Waiver of Injunctive Relief.
13.1. This Agreement and all aspects of the Service will be governed by and construed in accordance with the internal laws of the United States and the Commonwealth of Massachusetts governing contracts entered into and to be fully performed in Massachusetts (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state or federal courts located in Boston, Massachusetts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Boston, Massachusetts.
13.2. You acknowledge that the rights granted and obligations made hereunder to Ortus Regni are of a unique and irreplaceable nature, the loss of which will irreparably harm Ortus Regni and which cannot be replaced by monetary damages alone so that Ortus Regni will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
13.3. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Ortus Regni agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to Jonathan Sudbury, Jon Sudbury Games, 45 Walnut Street, Somerville, MA 02143.
13.4. Mandatory Arbitration. If you and Ortus Regni are unable to resolve a Dispute through informal negotiations within 30 days, either you or Ortus Regni may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Streamlined Arbitration Rules and Procedures (the “Rules”) of JAMS, which is available at the JAMS website www.jamsadr.com. The determination of whether a Dispute is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation will be governed by the Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
13.5. Notwithstanding the above, you and Ortus Regni agree that arbitration will be limited to the Dispute between Ortus Regni and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
13.6. You and Ortus Regni agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Ortus Regni’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief or to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
14.1. The failure of Ortus Regni to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under any provision of this Agreement will not be construed as a waiver or relinquishment of Ortus Regni’s right to assert or rely upon any such provision or right in that or any other instance.
14.2. You and Ortus Regni agree that if any portion of this Agreement, except any portion of Section 13.6 is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect. If Section 13.6 is found to be illegal or unenforceable then neither you nor Ortus Regni will elect to arbitrate any Dispute falling within that portion of Section 13.6 found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Boston, Massachusetts, and you and Ortus Regni agree to submit to the personal jurisdiction of that court.