1. Acceptance of Terms
The following Terms of Service (henceforth referred to as TOS), which may be updated at any time without notice to you, outlines the Service agreement between Xenophase and you
- also referred to as the "User". When using the Xenophase services - referred to as the "Service", you and Xenophase shall be subject to any posted
guidelines or rules applicable to such services. Failure to comply may result in the deletion of the User's account and/or termination of Service. Your use of Xenophase
constitutes your agreement to all such terms and conditions and your agreement to comply with the Terms of Service. If you do not agree with the terms laid out in this document,
you should cancel your account at Xenophase.
This User agreement (the "Agreement") comprises the entire agreement between Xenophase and the User, and supersedes any prior agreements between the User and Xenophase
with respect to the subject matter hereof. This Agreement does not supersede any additional terms and conditions of which User is notified by Xenophase and/or which may apply
when using third party content or services. Xenophase may amend or revise this Agreement at any time and at its sole discretion, and such amendment or revision shall be
effective upon posting of such revised agreement on the Xenophase web site (the "Web Site"). User hereby agrees to review this Agreement by accessing the Web Site
periodically to become aware of any such revisions. If any revision is unacceptable to the User, the User may terminate the Agreement hereof. Continued use of the Services
following the posting of the revised Agreement shall be deemed to be acceptance of all such revisions.
3. Description of Service
Xenophase provides many different forums of communication, including but not limited to Ragnarok Frontier, Xenophase forums (the "Forums), and Xenophase Journals (the
"Journals"), accessible via www.xenophase.net. Xenophase reserves the right to change the URL address of the Web Site at any time and from time to time. To use the
Service, you will need to install software which Xenophase makes available from the Web Site (the "Software"). Anyone desiring to use the Service is required to
establish an account with Xenophase (the "Account"). Xenophase does not provide Internet access, and you are responsible for all fees associated with your Internet
connection. The Web Site located at www.xenophase.net is an active part of the Service and any use of the website is governed by the same Terms of Service and "Rules &
The personal information you provide us during registration is used for our internal purposes only. We may use the collected information to respond to your specific requests. We
may also use it in aggregate form without personal identifiers to make the Service better and more responsive to our visitors' needs. This statistical compilation of
non-identifiable information may be used by Xenophase for marketing, advertising, or research purposes. Xenophase complies with privacy laws by maintaining safeguards to ensure
the security, integrity, and privacy of such information. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, we will not give any of
your personal information to any third party without your express approval.
We do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. We can (and you authorize us to)
disclose any information about you to private entities (i.e. credit bureaus and other entities/organizations legally entitled to this information), 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 consent to our remote accessing 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.
5. User Registrations Obligations and Security
In order to use the Service, you are required to complete a registration form containing your first and last name, area code, city, e-mail address, a user name and a password.
In consideration of the use of the Service, you agree to provide true, accurate, current and complete information about yourself as submitted in any registration form on the
Service and to maintain up-to-date information which is true, accurate, current and complete at all times by making changes, additions or deletions to your User profile, as
required. If any information provided is not true, accurate, current or complete, or Xenophase has reasonable grounds to suspect that the information is untrue, inaccurate, not
current or complete, then Xenophase shall have the right to suspend or terminate your right to use the Service and refuse to provide any current or future Service to you.
You acknowledge that Xenophase reserves the right to refuse to grant you a user name that is already in use, may be illegal, may be protected by trade-mark or other proprietary
interest, is obscene or profane or otherwise determined by Xenophase, in its sole discretion, to be inappropriate. You agree to be responsible for all acts and omissions that
occur in connection with your password. You agree to keep your password confidential and to notify Xenophase if you believe that the security of your password has been
compromised. You acknowledge that Xenophase does not protect you from the unauthorized use of your password.
(a) Eligibility. Accounts are available only to individuals 13 years of age or older. If you are less than 13 years of age and wish to use the Service, your parent(s)
or guardian(s) must complete the registration process, open an Account in their name(s) and accept full responsibility for all obligations under this Agreement. Those who have
completed these steps and who maintain their Account in good standing are sometimes referred to in this Agreement as "Members." Your use of Xenophase represents that
you are a 13 years of age or older. Only one person may use an Account. The registered user of an Account may use the Account or may choose instead to permit a minor child of
the registered user to use the Account. You are liable for all activities conducted through your Account, and parents or guardians are liable for all activities of their minor
child conducted through the Account.
(b) Non-eligibility. Accounts are NOT available to individuals, who are a part of staffing team of another online game server. Staffing team of another online game
server is defined as group of individuals who hold more authority and privilege than that of the users on the same online game server. Belonging to such group will result in
an automatic denial of accounts.
(c) Exemption from Non-eligibility. Any individual who has been granted eligibility by a Xenophase Staff with the position title of Gamemaster, is exempt from (b).
(d) Username. At the time your Account is opened, you must choose a name to identify yourself to Xenophase staff, and to other members (your "Username"). You
may not select as your Username the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which
Xenophase deems in its discretion to be vulgar or otherwise offensive. Xenophase reserves the right to delete, or to change, any vulgar or otherwise offensive Username. You
have sole liability for all activities conducted through your Account or under your Username.
(e) Account. By agreeing to the User Agreement you agree that you do not own, nor may you profit from the account you use to access the service, the characters
Xenophase stores on Xenophase servers, the items stored on these servers, or any other data which the servers and accounts are comprised of. The account you create is needed
to login to the service, and is intended for use of the registered account holder only. Accounts may not be given away, exchanged, sold, borrowed, or otherwise transferred
(f) Character Name. In order to use a number of Xenophase services, you must create a character and choose a name for your character to identify your character 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 Xenophase, or which Xenophase deems at its sole discretion
to be vulgar or otherwise offensive. Xenophase reserves the right to delete, or alter any vulgar or otherwise offensive Character Name.
(g) 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 your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account
and Username. At no time should you respond to an online request for a password. Xenophase will never ask for your password offline or online, except that you will be required
to enter your password as part of the log-on process.
(h) Former or Suspended Members. Members whose Accounts have been terminated or suspended by Xenophase may not access the Service in any manner or for any reason,
including through any other Account, without the express written permission of Xenophase.
(i) Related Accounts. If Xenophase terminates an Account, Xenophase may terminate any other Accounts that share the same member name, phone number, email address,
postal address, or Internet Protocol address with the terminated Account.
You agree to indemnify, defend and hold harmless Xenophase and its subsidiaries and affiliates and their respective directors, officers, employees, agents, Internet Service
Providers, clients and contractors from and against any loss, claim, demand, cost and expense (including reasonable legal fees) asserted by any third party due or arising from
or in connection with your use of or conduct on the Service, your Content, your violation of the Terms of Service or your violation of any rights of another User. Xenophase
reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
7. No Resale or Reproduction of Service(s)
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or personal purposes, any portion of Xenophase including, but
not limited to your Xenophase Account. You are not allowed to reproduce any portions of the Xenophase Web Site outside of the scope of the Xenophase Web Site without prior
consent from the creators of Xenophase.
Either you or Xenophase may terminate your Account at any time without further obligation to the other. Further, Xenophase reserves the right to terminate the Service at any
time without further obligation to you. if the service or your account is terminated or cancelled at any time for any reason, you agree to the following: (1) you will not be
entitled to any refund; (2) you will lose any characters developed or items accumulated and you will not have the right to transfer, sell or assign any characters or items to
anyone else; (3) you may not access the service in any manner or for any reason, including via any other account. In the event that an account is terminated, Xenophase may
terminate any and all other accounts that share the member name, phone number, email address, internet protocol (IP) address or PayPal address with the terminated account; (4)
we may terminate this Agreement immediately and without notice if you breach this Agreement, or if we are unable to verify or authenticate any information you provide to us, or
upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of Xenophase as described in the
"Rules & Etiquette". If we terminate this Agreement under any circumstances, you will lose access to your Account, you will also not be entitled to any refund from
any donations, or payments made to Xenophase.
9. Parental Guidance
Parents may find it inappropriate for use by persons under the age of 13. While Xenophase may choose to monitor and take action upon inappropriate game play, chat or links to
the Service, it is possible that at any time there may be language or other material accessible on or through the Service that may be inappropriate for children or offensive to
some users of any age. Xenophase cannot ensure that other players will not provide content or access to content that parents or guardians may find inappropriate or that any user
may find objectionable. Xenophase does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player.
10. Limitation of Liability
USER ACKNOWLEDGES THAT XENOPHASE SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY XENOPHASE OR ITS CONTENT PROVIDERS OR OTHER LICENSORS WITH RESPECT TO CONDUCT,
COMMUNICATION OR CONTENT OF THE SERVICES. XENOPHASE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH THE SERVICES OR ANY PRODUCT PROVIDED BY
YOU UNDERSTAND AND AGREE THAT ANY OF THE MATERIAL AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM XENOPHASE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
You agree that Xenophase cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to Xenophase services, you also agree that
Xenophase cannot be held responsible or liable for the safety and/or wellbeing of any Xenophase members during a Xenophase gathering in real life.
11. Unacceptable Conduct
(a) User may not engage in any conduct or communication while using the Services which is unlawful or which restricts or inhibits any other User from using or enjoying the
Services. User agrees to use the Services only for lawful purposes. Xenophase reserves the right to terminate the User's usership if it determines, in its sole discretion,
that the User has engaged in unacceptable conduct. The list of prohibited conduct set forth in Subsection (b) below provides examples of unacceptable conduct, which list is not
exhaustive, and Xenophase reserves the right, but not the responsibility, to restrict conduct which Xenophase deems, in its sole discretion, to be harmful to individual users,
damaging to the Services, or in violation of Xenophase's or any third party's rights. Xenophase may prohibit or delete conduct, communication or content transmitted on
Xenophase services that is deemed to be in violation of applicable laws or is harmful to other users, the Xenophase service community or the rights of Xenophase in general. User
acknowledges, however, that communication over the Services often occurs in real-time and Xenophase cannot, and does not intend to, screen communication in advance.
YOU MAY NOT USE THE SERVICES TO:
A) Harass, threaten or embarrass another User of the Services or to cause distress, unwanted attention or discomfort of such User, or any other person or entity. Xenophase
does not condone harassment in any form and may suspend or terminate the account of any User who harasses others. Personal attacks, such as those based on a person's race,
ethnicity, religion, gender, lifestyle choice, disablement or other such affiliation, are strictly prohibited.
B) Post or transmit sexually explicit images, or point or reference to such images. Xenophase prohibits the transfer or posting of sexually explicit images or other content
C) Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content. If User
engages in vulgar or abusive language online, even if masked by symbols or other characters, or engages in other impermissible behavior, the User may receive a warning, or be
temporarily or permanently excluded from one or more games, bulletin boards, chat areas, or the User's usership may be terminated immediately and the User may be subject
to civil liability and/or prosecution by law enforcement authorities.
D) Scroll or carry out any action with a similar disruptive effect. "Scrolling" is defined as repeatedly causing the screen to roll faster than Users are able to
type onto it.
E) Impersonate any person, including, but not limited to, Xenophase's staff members, monitors or hosts. User shall not hold himself or herself out or portray himself or
herself as a Xenophase staff user while engaging in all forms of online communication, including, but not limited to, user names, user profiles, voice, text or graphic chat,
message postings or any form of communication on line. Impersonation of Xenophase staff shall be grounds for immediate account termination.
F) Engage in "disruptive behavior" in chat areas, game areas, forums or any other area of the Services. Disruptive behavior shall be deemed to include, but will not
be limited to, conduct which purposefully interferes with the normal flow of dialogue in a Service area. Disruptive behavior shall also include, but not be limited to,
commercial postings, solicitations and advertisements.
G) Post or transmit chain letters or pyramid marketing schemes. This type of material places an unnecessary load on the Services and is considered a nuisance by many users.
Certain types of chain letters and pyramid schemes are also illegal. Such prohibited conduct includes, but is not limited to, the transmission of letters or messages which
offer a product or service and which are based on the structure of a chain letter.
H) Posting or transmitting unsolicited advertising, promotional materials, or other forms of solicitation. Xenophase services are not to be used to send unsolicited
advertising, promotional material, or other forms of solicitation to other users. User may not use Xenophase services to collect or "harvest" user names without the
express permission of those users. Xenophase reserves the right to block and/or filter mass email solicitations on or through the service.
I) Violate any operating rule, policy or guideline of any other online service. User further agrees to abide by the rules of the User's Internet service provider.
J) Violate, intentionally or unintentionally, any applicable local, provincial, national or international law or regulation.
K) Modify any files that Xenophase does not specifically authorize User to modify. Use of material, which is subject to the rights of any person or entity without the express
permission of such rights holder, is prohibited, and will result in the termination of the User's usership and possible civil and/or criminal liability.
12. Interruption of Service
A) Xenophase reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform
B) You acknowledge that the Service may be interrupted for reasons beyond the control of Xenophase, and Xenophase cannot guarantee that you will be able to access the Service or
your Account whenever you may wish to do so. Xenophase shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes beyond its
13. User Submitted Content & Licensing
With respect to text or data entered into and stored by publicly-accessible site features such as Forums, Oekaki, Wiki, comments and bug trackers ("Xenophase Public Content"),
the submitting user retains ownership of such Xenophase Public Content. In each such case, the submitting user grants Xenophase the royalty-free, perpetual, irrevocable,
non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole
or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted
or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not Xenophase, is entirely responsible for
all Content that he or she uploads, posts, emails or otherwise transmits via the Xenophase web site. No user shall transmit Content or otherwise conduct or participate in any
activities on the Xenophase web site that, in the judgment of Xenophase, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the
encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.
Each user, by using the Xenophase web site, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with
the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
The failure of Xenophase or the Service Provider Customer to exercise its rights or insist upon the performance of the user's obligation hereunder shall not constitute a
waiver or relinquishment of those or any other rights under these Terms of Service.
If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give
effect to the parties intentions as reflected in the provision and the other provisions of the Terms of Service shall continue to be binding on and remain in full force and
The Terms of Service, together with any separate written or online agreement between you, Xenophase and/or the Service Provider Customer (including but not limited to the Mature
Content Agreement if applicable to you) constitute the entire and only agreement, and supersedes any prior agreements between you, Xenophase and/or the Service Provider
The Terms of Service and the relationship between you, Xenophase and/or the Service Provider Customer shall be governed by and construed in accordance with the laws of Province
of British Columbia, and such parties agree to submit to the jurisdiction of such courts.
You agree that regardless of any statute or law to the contrary, any action, suit or proceeding arising out of or related to the use of the Service or to the Terms of Service
must be commenced within 1 year after such claim or cause of action arose or be forever barred.
Section titles in the Terms of Service are for convenience only and have no legal or contractual effect or significance.
It is the express wish of the parties that the Terms of Service and all related documents have been drawn up in English.
Notices may be sent to you or you may send notices to Xenophase via either e-mail, regular mail, private message (via the Forums), or Forums posting. The Service may also
provide notification of any changes to the Terms of Service or other matters pertaining to the Service by displaying notices or links to notices generally on the Service.
Please report any violations of the Terms of Service to our staff members by e-mail at the Staff member contact service on the website.
I have read and understand the foregoing Terms of Service and agree to be bound by all of its terms.