Last Updated: May 10, 2007

Welcome to PlayMMO, (the “Site”) site for gamers, our clients, game developers, producers and related communities. PlayMMO is operated by Alchemic Dream, Inc. ("AD"). Before you get started, please take a few minutes to read the following Terms of Service, including the policies incorporated by reference into these Terms of Service. If you are a visitor to our site you agree that these Terms of Service will govern your use of PlayMMO. If you do not agree to these Terms of Service, you should not use this web site or the PlayMMO services. To become a member of PlayMMO, you must read, agree with and accept all of the terms and conditions contained in these Terms of Service, which include those terms and conditions expressly set out below and those incorporated by reference. We may change these Terms of Service from time to time, so please check back often.

Establishing a PlayMMO membership

To access members-only areas of PlayMMO (such as our forums), you must become a PlayMMO member. Membership is free. You may not transfer your membership to another person, share it with anyone, or use it to impersonate anyone. You agree that you will provide us with accurate membership information (such as your real name and a valid e-mail address) and will update your membership information if it becomes outdated. You must be at least 13 years of age in order to have an account. We may terminate your membership if we are unable to verify or authenticate the information you provide to us, or should you breach our Code of Conduct found here. You agree to help protect your membership by guarding your password, and by changing it as soon as possible if you believe its security has been compromised. You also agree to notify the PlayMMO editor immediately if you believe your membership has been used without your authorization. We may communicate with you via email and any other similar technology for purposes relating to your membership, or any other services we provide to you. For more information about how we treat the information you provide to us, please see our Privacy Policy which is a part of these Terms of Service.

Posting content to PlayMMO

As a PlayMMO member, you will be able to post information through our forums, our guild roster area, our fansite links and general interest articles via submissions. AD is not responsible for content posted by PlayMMO’s members or other users. We do not verify, endorse or vouch for any such information or content. We do, however, enforce these Terms of Service, and we reserve the right to modify, refuse (or remove) postings in our sole discretion if we determine that they are inaccurate, were posted without authorization, or otherwise violate these Terms of Service. You agree that the content you post will not violate these Terms of Service. Specifically, you agree that you will not post content that: is false, inaccurate, or misleading; infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy; violates a nondisclosure agreement, or violates any law or regulation; is defamatory, constitutes trade libel or product disparagement, or is unlawfully threatening or harassing; is obscene or contains any kind of pornography; or contains viruses, Trojan horses, time bombs, worms, cancelbots, easter eggs or other computer programming routines that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information. You also agree that you will not: reproduce, distribute, republish or retransmit material posted by any other PlayMMO users without the permission of that user and AD; take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or interfere or attempt to interfere with the proper working of the PlayMMO site, any activities conducted on the site, or any networks through which you access the site. When you post content, you automatically grant to AD and its affiliates and service providers (or warrant that the owner of such content grants to AD and its affiliates and service providers) a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use and display such content on the PlayMMO site or any other AD owned and operated site, or that of our affiliates. You also give AD and its affiliates and service providers permission to copy such content as part of the normal backup process and to archive such content. You will retain authorship over your submissions. Except for the rights expressly granted to AD and its affiliates and service providers under these Terms of Service, you retain all rights to material posted, and may post copyright or other notices to that effect. We reserve the right to remove any content from the PlayMMO site, with or without cause. When you submit any other content to PlayMMO (such as a letter to the editor or an article), you automatically grant to AD and its affiliates (or warrant that the owner of such content grants to AD and its affiliates) a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license, sub licensable through multiple tiers, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content, in whole or in part, and to incorporate it in other works in any form, media or technology now known or later developed worldwide. You also give AD and its affiliates permission to copy your posts as part of the normal backup process and to archive discussions containing your posts.

Discussion forums

PlayMMO users have the opportunity to participate in discussion forums operated by AD and its affiliates, which are subject to their individual rules and privacy policies. We ask that our users exercise appropriate caution when participating in discussion forums. Please remember that if you publicly disclose personal identifying information, such as your name or email address, the information may be collected and used by others. You should also take reasonable precautions with regard to any material you download (for example, scanning for viruses, Trojan horses, time bombs, worms, cancelbots, easter eggs or other damaging computer programming routines). Please be aware that while we reserve the right to monitor and edit content posted to the forums, it is your responsibility as a user to help self police the community. Through the use of the report post feature you may alert the moderator team to problematic posts. You also have the ability to ignore any other poster on the forums via your personal settings. We encourage you to use these as your first steps in dealing with problem users.

Your responsibilities as a PlayMMO user

There are no fees associated with holding an account on PlayMMO. You are, however, responsible for paying all fees associated with your use of PlayMMO’s affiliates products and services and any products or services available through the PlayMMO site, including without limitation the costs of the equipment and services you use to access PlayMMO. If you use a version of PlayMMO that has been formatted for a PDA or mobile phone, you are responsible for paying all access and airtime costs associated with such use.

Your use of PlayMMO is subject to all applicable local, provincial, national and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that (1) you will not interfere with another member’s use and enjoyment of PlayMMO; (2) you will not interfere with or disrupt the security measures of PlayMMO, AD or its affiliates; (3) you will not interfere with or disrupt networks connected to PlayMMO, AD or its affiliates, and will comply with all regulations, policies and procedures of such networks; and (4) you will comply with Canadian law regarding the transmission of technical data exported from Canada. You also agree to indemnify and hold harmless AD, as well as its subsidiaries, affiliates, officers, shareholders, employees and independent contractors and volunteers, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of PlayMMO, any content you post to the PlayMMO site, your violation of these Terms of Service, or your violation of the rights of any third party.

We may terminate your PlayMMO membership or suspend your access to all or part of PlayMMO, without notice, if you violate these Terms of Service, if we are unable to verify or authenticate any information that you provide to us, or if you engage in any conduct that we, in our sole discretion, believe is a violation of any applicable law or regulation or is otherwise harmful to the interests of PlayMMO, AD or its affiliates, any other PlayMMO user, or any third party. If your membership is terminated, we may, but are not required to, remove some or all of your content from our servers.

You may terminate your PlayMMO membership at any time. You do not need to take steps to stop using the account. The account remains available for use should you choose to return. You may opt to have an account removed; to do this please contact the site editor via the following address: editors@playmmo.com . Your account will be deleted upon request, where possible. In the case the account cannot be deleted for whatever reason, or at our discretion, it will instead be made inactive and all posting rights and privileges will be removed. When an account is removed or set inactive, we may retain your information for an extended period, however your details will not be shared with any of our affiliates. Once an account has been deleted, we will be unable to restore the account. Please ensure your decision is final before requesting such actions.

Please note that we will endeavor to implement requests within a reasonable time. Users may continue to receive mailings, etc., for a certain period of time,, the transmission however will be based on information released prior to the implementation of the request.

We enjoy hearing from you

We enjoy hearing from you and welcome your comments about our products and services. (Please see our Contact Us [LINK] section for ways to communicate with us.) If you send us a business idea or suggestion — for example, about how to improve or expand our products and services — you agree that AD and its affiliates will be completely free to implement, use or modify in any way, your idea or suggestion (or any part of it), without any payment or other obligation to you. If you are interested in writing for PlayMMO, please see our Writers and Editorial policies.

About our site

All materials contained on the PlayMMO web site, including text, graphics, icons, images and software, are the property of AD, its affiliates, or the content suppliers and are protected by Canadian and international copyright laws. The compilation of all content on this site is the exclusive property of AD. You may not reproduce, modify, distribute or republish materials contained on this site (except for materials you have provided to the site) without the prior written permission of AD. You may not alter or remove any trademark, copyright or other notice from copies of content.

You may, however, download material from PlayMMO (one machine readable copy and one print copy per page) for your personal use only. AD reserves all rights in and title to the information so downloaded. PlayMMO and all other Alchemic Dream, Inc. logos and trade names are trademarks or registered trademarks of AD. All other trademarks used on the PlayMMO site are the property of their respective owners and may not be used without their written consent.

Copyright infringement

AD is not liable for any infringement of copyright arising out of materials posted on or transmitted through the PlayMMO site, or items advertised by writers, by end users or any other third parties on the site,.If you believe that your rights in copyright are being violated by any materials posted on or transmitted through the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending materials. It is our policy to revoke authorization to access the PlayMMO site for repeat infringement. In order for us to investigate your claim of infringement, you must provide us with the following information:
 1.An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
 2.A description of the copyrighted work that you believe has been infringed;
 3.A description of where the material that you claim is infringing is located or identified on the PlayMMO site;
 4.Your name, postal and physical address, telephone number, and email address;
 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 by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner’s behalf.

The above information should be provided to PlayMMO’s Editor for notice of claims of copyright or other intellectual property infringement, who can be reached via the following address: editors@playmmo.com

Limitation of liability

By using this site, you expressly agree that such use is at your sole risk. We endeavor to provide service of the highest quality, but we cannot guarantee that our service will be timely, secure, uninterrupted or error-free. We are not responsible for claims brought by third parties arising from your use of PlayMMO.

AD and its affiliates provide this site on an “as is” basis and neither AD nor any of its affiliates, officers, directors, employees, or agents, or any third party content providers, merchants, sponsors, or licensors guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Under no circumstances shall AD (or any of its affiliates, officers, directors, employees, or agents) be liable for any loss or damage caused by your reliance on information obtained through PlayMMO. It lies within your responsibility to evaluate the information, opinion, advice, or other content available through PlayMMO.

In no event shall AD or its affiliates be liable to you or any other person or entity, under any theory, for damages of any kind arising from the use of this site, including but not limited to direct, indirect, actual, incidental, punitive, special or consequential damages, lost income, revenue or profits, lost or damaged data, or other commercial or economic loss that result from your use of - or inability to use - this site, even if AD or its affiliates have been advised of the possibility of such damages or such damages are foreseeable. This includes any case of negligence. By using PlayMMO, you agree that this limitation will apply to any merchandise, services and content that may be available through PlayMMO. In the event that applicable law does not allow the limitation or exclusion of liability for damages, you agree that in no event shall the total liability of AD or its affiliates to you for all damages, losses and causes of action of any kind exceed ONE DOLLAR CANADIAN CURRENCY ($ 1.00 CAN).

Any current or future links to other sites are provided as a convenience only, and we assume no responsibility or liability for the contents of those other sites, or any products or services advertised or sold on those sites.

Additional Terms

The following policies are incorporated into these Terms of Service by reference and provide additional terms and conditions related to specific areas of, or services offered on, the PlayMMO site:

Privacy Policy
Code of Conduct
Writers Submission Guidelines
Editorial Policy

Each of these policies may be changed from time to time and are effective immediately after we post the changes on the PlayMMO site. In addition, when using particular areas of the PlayMMO site, you agree that you are subject to any posted policies or rules applicable to such areas, which may be posted from time to time. All such posted policies or rules are incorporated by reference into these Terms of Service.

Miscellaneous

This site is created, controlled and operated by Alchemic Dream, Inc. ( “AD”) in Quebec, Canada. If you choose to access this site from another location, you are responsible for complying with local laws, if and to the extent that local laws apply. We reserve the right to change the terms of this agreement without notice. The formation, construction and interpretation of this agreement shall be controlled by the laws of the province of Quebec, giving no effect to choice of law provisions. If any provision of these Terms of Service is held to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. These Terms of Service, including the PlayMMO policies referred to in these Terms of Service, constitute your entire agreement with AD, and you consent that this agreement may be automatically assigned by AD to a third party, in our sole discretion, in connection with a merger or acquisition. AD reserves the right to make changes to our site, disclaimers, and policies at any time. When doubt arises, our editors reserve the final decision on any content related to our site. At their discretion content may be added, modified or deleted without explanation at any time.

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