The Myth Of Soma

End User License Agreement

USER AGREEMENT AND SOFTWARE LICENSE

1. THE LICENSE
(a) Game Network SpA (the "Provider") offers you a license to play "Myth of Soma", an Internet-based online fantasy role-playing game (the "Service"), when you subscribe and pay a fee for its use. As part of the Service, the Provider maintains a web site reacheable at http://www.mythofsoma.net (the "Website"). In order to access the Service, you must use a special client (the "Software") available for download in the Website. The Provider grants to you a limited, non-exclusive license to use the Software and the Service subject to all of the terms and conditions of this Agreement and any other rule pubblished in any part of the Website.
(b) The Provider may revise this End User License Agreement at any time, on its sole discretion, and such revisions shall be effective seven (7) days after posting the revised EULA  on the Website. Modifications to the Rules of Conduct or any other rule, will be effective immediately upon posting. You agree to review the agreement on the Website periodically, to be aware of such revisions. Using the service after a revised version of the EULA or any rule will be posted will mean that you accept all such revisions. 
(c) The Provider grants to you a non-exclusive license to use the Service, and a non-exclusive license to use the Software in connection with the Service, for a trial period without charge and thereafter with a "pay to play" system as long as you will maintain an authorised and fully-paid Account. You may not sublicense, rent, lease, loan or otherwise transfer (even without getting any compensation for your actions) the Software or the Account, modify, adapt, reverse engineer or decompile the Software, or create any derivative works in respect of the Software or the Service, or otherwise use the Software except as expressly explained in this Agreement. Any other use of this software for purpose not stated may result in termination of this Licence at the solely discretion of the Provider.

2. DESCRIPTION OF THE SERVICE
The Service is a "pay to play" online fantasy role-playing game accessible through the use of the Software. The provider also maintains the Web Site, used to post informations about the service itself and to provide other material related to the service. The Provider reserves the rights to change the URL address of the Web Site at any time. Anyone willing to use the Service must register an account on the Website (the "Account"). The provider is not provide any form of internet access, even if it is required to access the Service. You are responsible for any fee associated with your internet connection.  Upon registering a new Account, you will get 10 free trial hours of actual gameplay. The provider reserves the right to change this amount of free time without any prior notice. During this free trial period the Provider may terminate your access to any part or all the game service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason. Once those hours will be fully used, you will be requested to pay a fee to access the Service.

3. ACCOUNT

(a) Eligibility. Accounts are available only to individuals at least 18 years old. If you are less than 18 years old and wish to use the Service, your parent(s) or tutor(s) must complete the registration process, open an Account in their name(s) and accept full responsibility for all the obligations of this Agreement. Any person or entity, including you, that has registered for the Service is referred as "Member" in this Agreement.  By agreeing to this End User License Agreement, you represent that you are an adult 18 years of age or older, otherwise any account you should open may be closed at the solely discretion of the Provider and without any prior notice.
(b) Only one person may use an Account. In case the Provider should be able to reasonabily prove that more than one person is using the Account, it may be suspended or terminated, on solely discretion of the Provider. You also not allowed to transfer in any form, even without any compensation or for free, the ownership of the Account. You may not  loan, rent, lease, sell, give, offer for sale, sublicense, or otherwise transfer the Account to anyone even if you should not get any form of compensation for your acts.
(c) Account ID. At the time your Account is opened, you must choose a name to identify yourself to other Members and Provider's staff (your "Account ID"). You may not select as your Account ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which the Provider deems in its discretion to be vulgar or otherwise offensive. The Provider reserves the right to delete or require you to change any vulgar or otherwise offensive Account ID. You have sole liability for all activities conducted through your Account or under your Account ID.

(d) Passwords. 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 (1)disclosure or (2) allowing the disclosure of your Password and (3) 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. The Provider will never ask for your Password online, exception made for the Service log-on process. The Provider will never send you an email message asking for your password, unless you specifically made a request for it.

(c) Character Name. At the time your Account is opened, you must create one or more characters and choose a name for your character to identify it to other Members (your "Character Name"). You may not select as your Character Name the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of the Provider, or which the Provider deems in its discretion to be vulgar or otherwise offensive. The Provider reserves the right to delete, or require you to change, any vulgar or otherwise offensive Character Name.

(e) Registration Obligations. You agree to provide true, accurate, current and complete informations about yourself as prompted by the Service's registration form ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate and complete. If any information you will provide should be found  false, inaccurate or incomplete or the Provider has reasonable reasons to suspect that such informations are untrue, inaccurate or incomplete, the Provider has the right to suspend or terminate your Account and refuse any current and future use of the Service.

(c) Former Members. Members whose Accounts have been terminated by the Provider may not access the Service in any manner or for any reason without the express written permission of the Provider. Active Members may not knowingly allow former Members whose Accounts have been terminated to use the active Members' Accounts or Account ID.

4. SERVICE FEE

Current fees for using the Service are published in the payment section of the Website. The Provider may change its fees and billing methods at any time effective thirty (30) days after notice of the changes being posted on the Website. All changes will be posted on the Website and you are responsible for reviewing the payment section of the Website to be always updated of those changes. Your continued use of the Service thirty (30) days after posting of the changes on the Website will mean you accept such changes. If you pay for the Service by credit card, you represent to the Provider that you are authorized to use the credit card. Any fee is paid in advance and it is not refundable in whole or in part. Any member is fully responsible of the charges related to the Account. Any attempt to make any type of unvalid payment, or the use of illegal ways to pay the fees for your account, will result in the immediate temination of your Account.

5. CONTENT AND MEMBER CONDUCT

(a) Content. You acknowledge that: (1) by using the Software and the Service you will have access to graphics, sound effects, music, animation-style video and text (collectively, "Content"), and (2) Content may be provided under license by independent content providers, including contributions from other Members (all such independent content providers, "Content Providers"). The Provider does not pre-screen Content as a matter of policy but has the right, and not the obligation, to remove Content at any time which it deems to be harmful, offensive, or otherwise in violation of this Agreement.

(b) Rights. You acknowledge and agree that any character created, and any item or possession acquired and developed as a result of game play are part of the Software and Service and are the sole property of the Provider. You acknowledge that: (1) the Software and the Service permit access to Content that is protected by copyrights, trademarks, and other proprietary rights owned or leased to the Provider or Content Providers (collectively, "Rights"), and (2) these Rights are valid and protected in all media existing now or later developed. You agree that you may upload or otherwise transmit on or through the Service only Content that is not subject to any Rights, or Content in which any holder of Rights has given express authorization for distribution on the Service. By submitting Content to any area on the Service in any form, you automatically grant (or you warrant that the owner of such Content has expressly granted) to the Provider the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term including any renewal term of any Rights that may exist in such Content.

6. OFFICIAL SERVICE

(a) Official Service. The Provider has designed Myth of Soma for play only as offered by the Service. You agree to play Myth of Soma only as offered by the Service and not through any other means. You further agree not to create or provide any other means through which Myth of Soma may be played by others, as through server emulators. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for Myth of Soma, except that you may use the Software to the extent expressly permitted by this Agreement. You may not take any action which imposes an unreasonable or disproportionately large loads on our infrastructure. You may not sell or auction any Myth of Soma accounts, characters, money or copyrighted material. You are allowed to sell any in game item only by using the buil-in auction feature.

(b) Myth of Soma is licensed to you only for your personal enjoyment and the enjoyment of others. It may not be used for any commercial purposes.You may not loan, rent, lease, sell, give, offer for sale, sublicense, or otherwise transfer this product, or any portion therein, or any portion incorporated therein (such as visuals or sounds) in exchange for money, revenue, or other services.

(c) You may not recreate, modify, adapt, translate, create derivative works of, decompile, disassemble or otherwise reverse engineer or attempt to reverse engineer or derive source code from, all or any portion of this product or anything incorporated therein, including any screen display, sound or accompanying documentation, or permit or encourage any third party to do that.

7. MEMBER CONDUCT, RIGHTS AND RESPONSABILITIES

(a) Member Conduct. You agree not to use the Service to: (1) upload, post, e-mail or otherwise transmit Content that violates any third party rights; (2) impersonate any person or entity, including, but not limited to, an employee of the Provider, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) upload, post, e-mail or otherwise transmit Content that violates any current or future law or regulation; (4) upload, post, e-mail or otherwise transmit Content that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of someone else privacy, hateful, or racially, ethnically or otherwise objectionable; or contains any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (5) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (7) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or (8) "stalk" or otherwise harass another member.

(b) Responsibility for game play: You agree to not take any action or pass any communication, either in or through this product or in or through any other software, that interferes with another player's ability to enjoy his or her play of the game or which is objectionable or inappropriate.  Your conduct in the game may affect your ability to play on a given server. Without limiting the generality of the foregoing, the definition of objectionable and/or inappropriate actions includes intentionally or unintentionally violating any applicable local, state, national or international law, regulation or treaty.  You are completely and solely liable for all communications and other activities of every kind and nature conducted by or through your screen name/log-in name.

(c) Game servers.  The only authorised method of accessing any game server to use the Software is by using an unmodified copy as originally distributed.  You shall select and then use any such server all at your sole cost, expense and risk, including any communication costs, such as telephone charges and/or Internet access fees. No one shall retain responsibility or liability to you or any other person or entity for selecting a server, any technical, service or other problems or difficulties that you may experience in connection with connecting to or using a server, any player's compliance with any rules or procedures set forth in this game, the acts or omissions of any player or any cost or expense incurred by you in connection with the selection, use, or otherwise in connection with any server.  No guarantee is made that the Software used by server operators is the original, unmodified server software.  Servers are privately owned and operated and no guarantee is made that you will be able to access all servers: different servers may have different accessibility rules.

(d) Privacy.  The personal information you provide us during registration is used for internal purposes only. Except as otherwise expressly permitted by this Agreement or as otherwise authorised by you, we will not give any of your personal information to any third party without your express approval. You authorise us to provide your name and e-mail address to third parties unless you instruct us to the against that by e-mailing a notice to the Provider's Customer Service. We do not guarantee the security of any of your private transmissions against unauthorised or unlawful interception or access by third parties. We can (and you authorise us to) disclose any information about you to law enforcement agencies or government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. If you request any technical support, you allow our remote access and review of the computer you load the Software onto for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Service, the Software and any services or software which may in the future be provided by us or on our behalf.

(e) Monitoring on Privacy.  Communications in connection with this software are not private and often occur in real-time.  Although the rules regarding appropriate game play are set forth in the Myth of Soma, there is no guarantee that any person or entity will, as a matter of policy, screen, edit, monitor or police the content of the communications or other materials transmitted by players, and therefore there is no promise or guarantee that other players will not provide content or access to content that players or their parents may find objectionable or inappropriate.  You acknowledge and agree that the Provider may monitor some, all or none of the "chat" and other areas of the game for adherence to this Agreement, choose to act upon inappropriate use of  "chat" features or game play, collect, disclose, distribute, compile and otherwise use for its purposes, as it deems appropriate, any and all data and information gathered from use of this software and its "chat" features. This also includes any part of the Website.

8. INTERRUPTION OF SERVICE

(a) The Provider reserves the right to interrupt the Service on a regularly scheduled basis or otherwise with prior notice. In this case the Provider will not be obligated to refund all or any portion of the fees associated to the Account .

(b) You acknowledge that the Service may be interrupted for reasons beyond the control of the Provider and the Provider cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. The Provider will not be liable for any interruption of the Service, delay or failure to perform resulting from any causes beyond its reasonable control. 
(c) Either you or the Provider may terminate your Account at any time without further obligation to the other. Further, the Provider reserves the rights to terminate the Service at any time without further obligation to you. If the Service or your account is terminated or canceled at any time, for any reason, you agree to the following:  (1) You will not be entitled to any refund or proration of any fees or unused acess time (2) You will not have access to any characters developed or items accumulated and you will not have the right to transfer, sell,  or assign any character or item to anyone else, even if you will not receive any kind of compensation for your actions.  (3) In case the Provider should terminate your Account, you may not access the Service in any manner or for any reason, uncluding any other account. In the event an account is terminated, the Provider reserves the right to terminate and and all other account that share any registration data with the terminated account.

9. DISCLAIMER OF WARRANTY

GAME NETWORK PROVIDES THE SERVICE, THE SOFTWARE, THE ACCOUNT, THE Myth of Soma GAME AND ALL OTHER SERVICES ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Service, the Software, your Account or Myth of Soma. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

10. LIMITATION OF LIABILITY

THE MAXIMUM AMOUNT OF GAME NETWORK LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF ACCOUNT FEES PAID BY YOU TO GAME NETWORK, AND IN NO EVENT SHALL GAME NETWORK, OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER OR IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE, THE SOFTWARE, YOUR ACCOUNT OR THIS AGREEMENT, WHETHER OR NOT GAME NETWORK MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR.

11. INDEMNIFICATION

Upon request of the Provider, you agree to defend, indemnify and keep the Provider, its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers, its licensees, distributors, Content Providers, and other Members of the Service, unharmed from all damages, liabilities, claims and expenses, including attorneys' fees and costs, arising from any breach of this Agreement by you.

12. GENERAL PROVISIONS

This Agreement is governed by and shall be construed and enforced under English laws, without applying any conflicts of law principles which would require application of the law of any other jurisdiction. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of the Provider shall be considered a breach of this Agreement only if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of the Provider. All notices given by you or required under this Agreement shall be faxed to 0039024130366. Attn.: Soma Customer Support or emailed to support@mythofsoma.net.