Acceptance
of the Terms of Service for Cubic Castles is required for all players
logging on to the game. All players of Cubic Castles are expected to
abide by the terms explained below. Should the player guidelines and
Terms of Service disagree, the Terms of Service take precedence.
By
visiting our site and/ or purchasing something from us, you engage in
our “Service” and agree to be bound by the following terms and
conditions (“Terms of Service”, “Terms”), including those additional
terms and conditions and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users Cubic
Castles or related websties provided by Cosmic Cow, including without
limitation users who are browsers, vendors, customers, merchants, and/
or contributors of content.
Cubic
Castles is designed so everyone can play. That means many people of
different backgrounds will be playing at the same time. As such some
words are censored in chat messages, sign posts, and realm names. We
realize this isn't necessary for everyone, but in order to keep the
game as accessible to as many players as possible, we decided this was
best, and didn't really detract from the basic game-play. Attempting to
bypass the censoring by misspelling words is considered poor player
behavior and could lead to a ban from the game. Likewise using
innapropriate language in signs, player names, castle names or anywhere
text shows up would also be considered violating the player guidelines.
We
respectfully ask players to use a little basic judgement in their
designs, and their conduct, and treat your castles as public places.
Please understand that anyone can come by and visit your castle. We'd
really like everyone to be able to enjoy the game, and as some people
are offended or too young for certain material, we would prefer that
your designs remain "family-friendly"
The
chat bar and hollas exist so that players may communicate with each
other. Spamming is repeatedly sending letters, messages, or nonsense,
in a way that makes it difficult for other players to communicate.
Spamming annoys other players and is considered bad behavior and could
lead to a ban from the game. Posting messages to advertise products or
websites would also be considered spamming.
Please
play nice. It's inevitable in any on-line game that people will try to
scam other players, or harass or bully other players. Again, we'd
rather not have to play virtual police, but we will if forced to. Treat
other players the way you'd like to be treated. Players who repeatedly
steal from or bully other players would be considered as violating the
player guidelines and could face temporary or permanent bans from the
game.
Don't
use loopholes in the game, scripts, or 3rd party software to
cheat the game in ways that will make it less fun for everyone. Anyone
who is caught doing this sort of thing will be banned. You may get a
warning if you're lucky. You may not. We will actively update the
server to detect and shut down these sorts of cheats. Just because you
get away with it one day doesn't mean it will work the next. If you
value your account, then don't do this.
If a bug is found in the
game that allows a player to create free cubits, or free items, report
it it cubic castles staff. We have systems in place to detect these
problems and while it might seem like you can get away with it at
first, attempting to take advantage of this kind of bug will most often
lead to a permanent ban of your account. Be very cautious about
accepting items or cubits from a player you think is cheating, as this
could also lead to problems for your account even if you are not the
one exploiting the bug.
Don't
give your personal details to other players. Don't share your
passwords, even with cubic castles staff or moderators! Report abusive
behaviour or people you believe are trying to scam others in the game.
Ideally everyone playing would be nice and treat other players well,
but unfortunately this isn't always the case. So play smart, and
exercise a little caution.
Players are ultimately responsible
for their in game items. The tools are in the game to protect your
things. Cosmic Cow will not, in general, become involved in disputes
between players, so if someone you trusted, steals your items you
may lose them forever. We will attempt to ban troublemakers, and people
who are repeatedly caught stealing, but we are not able to chase down
each case on an individual basis.
You may not attempt to trade items, cubits or accounts in our game for real-life money or items, or for things in other games.
A
Player in cubic castles who violates the player guidelines may be
temporarily banned at the discretion of moderators or adminstrators.
Players who repeatedly violate the player guidelines can be permanently
banned from the game.
Cubic
castles moderators (blue tag names) are dedicated players who have been
trusted with some extra abilities to help other players in the game.
They are volunteers and may not always be able to help you.Their goal
is to maintain a positive, and fun environment for players. Mods have
the power to ban players they feel are violating the player guidelines.
Repeated bans could lead to a permanent ban. If you feel you were
banned unfairly you can contact us directly at support.cubiccastles.com
Cubic
Castles Administrators (red tag names) work for Cosmic Cow. While they
may in some cases be able to help you in game, often if seen in game,
they are there for a specific reason like testing a bug or helping a
player who files a support ticket. If you have a support request please
use the ticket system at support.cubiccastles.com to get your proper
turn.
For any other support related issues please create a support ticket at support.cubiccastles.com
Cosmic
cow may update the terms of service. We will notify you about
significant changes by placing news about it in-game and on our forums.
Please
read these Terms of Service carefully before accessing or using our
websites or any version of the Cubic Castles game. By accessing or
using any part of the site or game, you agree to be bound by these
Terms of Service. If you do not agree to all the terms and conditions
of this agreement, then you may not access the website or use any
services.
1.Services. Cubic Castles is an internet service
that allows you to play an online game in which the places, characters,
plots and other content may be created by you, other members, Cosmic
Cow or other parties. In addition the Cubic Castles web site provides
forums and other game related services. The www.cubiccastles.com web
site, game, and other services are collectively referred to as Cubic
Castles.
2.Age Requirement. Cubic Castles is a game intended for
all audiences. By accepting the Terms of Service when playing Cubic
Castles, you affirm that you are of 13 years of age or older. If you are
under 13 years old you may play with parental supervision. Child safety
is a high priority for Cosmic Cow. As such, children under the age of 13
may create an account only with parental supervision. Account emails
must be those of a parent or guardian if an email is provided. We
recommend parents or guardians play with their children, and use our
parent safety features provided in the game as they deem appropriate.
Cosmic Cow does not collect personal information from players playing
Cubic Castles.
3.Accounts. If you accept the
terms, Cosmic Cow will establish a user account. You must select a user
ID to identify you to Cosmic Cow and other users of Cubic Castles. You
may not select as your User ID the name of another living person
(unless it is also your name), a name for the purpose of fraud or
disparagement, or a name that violates any third party's trademark
right, copyright, or other proprietary right, or which Cosmic Cow deems
in its sole discretion to be vulgar or otherwise offensive. A temporary
password is provided when you create an account but Cosmic Cow
recommends you add a personal password and e-mail to ensure access to
your account in the future. Failure to do so may result in you losing
access to an account. When selecting a password for your account Cosmic
Cow recommends that you choose a password with letters and numbers, and
do not use your User ID as your password. If you provide an incorrect
e-mail, Cosmic Cow has the right upon notice to suspend or terminate
your account and this agreement and to refuse you current or future use
of Cubic Castles (or any portion thereof).
4.License. Subject to
all of the Terms, Cosmic Cow hereby grants you a personal,
non-exclusive, non-transferable license to access the Site and to use
Cubic Castles only on the Site solely for your personal entertainment
purposes. Cosmic Cow may revoke this license at any time and for any
reason. Specifically if you breach the terms of service we will ban
your account. The terms of such terminations are explained in section
18.
5.Content.
1.When you
create your own personalized account, you may be able to provide (“User
Content”). You are solely responsible for the User Content that
you post, upload, link to or otherwise make available via the Service.
You agree that we are only acting as a passive conduit for your
online distribution and publication of your User Content. Cosmic
Cow, however, reserves the right to remove any User Content from Cubic
Castles at its discretion. You hereby grant Cosmic Cow a perpetual,
irrevocable, non-exclusive, sub-licensable, worldwide, royalty-free
license to use, reproduce, modify, adapt, publish, distribute, publicly
display and perform any and all of your User Content in all media now
known or later developed.
2.You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
3.You will not post information that is malicious, false or inaccurate;
4.You
will not submit content that is copyrighted or subject to third party
proprietary rights, including privacy, publicity, trade secret, etc.,
unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
5.You
hereby affirm we have the right to determine whether any of your User
Content submissions are appropriate and comply with these Terms of
Service, remove any and/or all of your submissions, and terminate
your account with or without prior notice. You understand and agree
that any liability, loss or damage that occurs as a result of the use
of any User Content that you make available or access through your
use of the Service is solely your responsibility. Cosmic Cow is not
responsible for any public display or misuse of your User Content.
Cosmic Cow does not, and cannot, pre-screen or monitor all
User Content. However, at our discretion, we, or technology we
employ, may monitor and/or record your interactions with the Service.
6.Mature
Content. Cosmic Cow is aimed at a wide audience, but parts of the Site,
Services and/or Games may at times contain content that some users may
consider offensive, indecent or objectionable. While Cosmic Cow
has established a list of restrictions (section 6) and may in some
instances choose to monitor and take action upon inappropriate
gameplay, chat or links to the Services, it is possible that at
any time there may be language or other material accessible on or
through the Site, Services or Games that may be offensive or
objectionable to some users. Cosmic cow has additionally provided a
set of parental controls that allow you to block text, chat, or
friends, and we recommend you use those features when deemed
appropriate to provide an extra layer of protection. While we do our
best to keepa friendly family atmosphere in the game Comic Cow can
not at all times guarantee the quality or nature of player created
content.
7.Content Transmission. You understand that the
technical processing and transmission of the Services, including your
Participatory Content and Public Content, may involve (i) transmissions
over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
8.Links.
The Site, Services and Games may provide links to other sites for your
convenience only. Cosmic Cow does not control, is not responsible for,
does not necessarily endorse and makes no representation about the
materials contained at any linked site. If you choose to visit any
linked Sites, Cosmic Cow recommends that you review the other site's
terms of use. Cosmic Cow is not responsible for webcasting or any other form of transmission received from any linked site.
9.Names.
In creating your character in Cubic Castles we ask that you use names
appropriate for the setting. Do not use names that violate these terms,
that might be offensive to other players, or that include copyright
or trademark characters or products. Avoid names that are from or imply
popular media and culture. Cosmic Cow will arbitrarily change any names
it considers unsuitable, or ban the accounts associated. Other than in these circumstances, names will not generally be changed.
10.Auctions
and Sales. It is against Cosmic Cow policy to allow accounts,
characters, items, subscription time or money to be sold - for real
money, on auction sites, or otherwise. We will ask auction sites to respect
this policy. We only allow trading of Cubic Castles items within the
game in exchange for other Cubic Castles items. We do not allow trades
concerning any other game's accounts, characters, items, or money to be performed, advertised, or solicited. We will terminate accounts that we believe are in violation of this policy.
6.Restrictions.
Your permission to use Cubic Castles is conditioned upon the following
Use Restrictions and Conduct Restrictions: You agree that you will not
under any circumstances:
1.post any
information that is abusive, threatening, obscene, defamatory,
libelous, or racially, sexually, religiously, or otherwise
objectionable and offensive;
2.use the service for any unlawful purpose or for the promotion of illegal activities;
3.attempt to, "stalk" or harass, abuse or harm another person or group;
4.use another user’s account without permission;
5.provide false or inaccurate information when registering an account;
6.interfere or attempt to interfere with the proper functioning of the Service;
7.make
any automated use of the system, or take any action that we deem to
impose or to potentially impose an unreasonable or disproportionately
large load on our servers or network infrastructure;
8.bypass
any robot exclusion headers or other measures we take to restrict
access to the Service or use any software, technology, or device to
scrape, spider, or crawl the Service or harvest or manipulate data; or
9.publish
or link to malicious content intended to damage or disrupt another
user’s browser or computer or account.
10.permit
any other person (including but not limited to a former member whose
account Cosmic Cow has terminated) to access Cubic Castles
11.create
or provide any other means through which the Games may be played by
anyone besides you (e.g., through server emulators);
12.Use
Cubic Castles for unsolicited or unauthorized advertising, promotional
material, "junk mail," "spam," "chain letters," "pyramid schemes," or
any other form of solicitation;
13.harm minors in any way;
14.impersonate another user or administrator;
15.disrupt
the normal flow of dialogue, cause a screen to "scroll" faster than
other members of the Services are able to type, or otherwise act in a
manner that negatively affects other members' ability to engage in real time exchanges;
17.collect or store personal data about another member without the express permission of such member.
18.reveal personal data about another member without the express permission of such member.
19.modify any files or use any game hacking/altering/cheating software or tools,
20.engage
in any behaviour that is contrary to the 'spirit of the game' as
defined by Cosmic Cow in its sole discretion. This includes the use of
multiple characters or accounts to undermine or spy on competing parties, or to otherwise manipulate the game environment.
21.play Cubic Castles on any server or service that is not provided or authorised by Cosmic Cow.
7.Idea
submission policy. If, at our request, you send certain specific
submissions (for example contest entries) or without a request from us
you send creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or otherwise
(collectively, 'comments'), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall
be under no obligation (1) to maintain any comments in confidence; (2)
to pay compensation for any comments; or (3) to respond to any comments.
8.Your
Account is Your Responsibility. You are solely responsible and entirely
liable for all activities conducted through your account and/or your
User ID, even if your account has been compromised through no fault of
your own. Cosmic Cow encourages you to maintain the confidentiality of
your password, and reminds you that you do not have a license to let
others use your account. You agree to notify Cosmic Cow immediately in
the event your password is lost, stolen, disclosed or compromised. It
is not Cosmic Cow' policy to ask for your password online, and Cosmic
Cow suggests that you never respond to an on-line request for your
password.
9.Privacy. You understand that you have no expectation
of privacy with respect to your use of the Site, Services or Games, and
that all communications made by or received from you may be monitored,
preserved and disclosed by Cosmic Cow representatives. You hereby
consent to the extraction of hardware system profile data and any data
related to operation of the software from any computer that logs on to
the Site, Services or Games using your account. You acknowledge and
agree that Cosmic Cow will report to law enforcement authorities any
actions which may be considered illegal, as well as any reports it
receives of such conduct. Cosmic Cow will cooperate fully with law
enforcement agencies in any investigation of alleged illegal activity.
Specifically, Cosmic Cow may disclose information about you or your
Participatory Content if Cosmic Cow has the good faith belief that such
disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce the Terms; (c) respond to claims that any your
Participatory Content violates the rights of a third party; or (d)
protect the rights, property or safety of Cosmic Cow, its members or
the public. These Terms are also subject to Cosmic Cow' general Privacy
Policy, which is incorporated by this reference as if set out in full.
10.Charges
for Service. You may choose to pay additional fees for additional
services ("Premium Services"). YOU ARE FULLY LIABLE FOR ALL CHARGES
UNDER YOUR ACCOUNT WHETHER OR NOT AUTHORIZED BY YOU. If your use of
Cubic Castles is subject to any use, sales or other taxes, or if Cosmic
Cow offers any additional services for a fee as noted on the Site and
you choose to partake in such additional fee-services, then Cosmic Cow
may also bill you for any such charges, which will be in addition to
the rates noted here. Cosmic Cow reserves the right to change its fees
and billing methods at any time. You are responsible for regularly
reviewing these Terms to obtain timely notice of such changes. If any
such change is unacceptable to you, you may terminate your account and
this agreement as provided in Section 18 ("Termination"). Your
continued use of the Games or Services seven (7) days after the changes
are posted on the Site will constitute your acceptance of such change.
If you pay for the Games and/or Services by credit card, you represent
and warrant that you are the authorized user of such credit card.
11.International
Use. Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or
the country in which you reside.
12.Ownership. Cosmic Cow and
its licensors shall at all times retain all right, title and interest
in and to the Site, Services and Games, except to the extent of the
licenses granted to you hereunder. Cosmic Cow, other products
referenced herein are either trademarks or registered trademarks of
Cosmic Cow.
13.Disclaimer of Warranty.THE SERVICE, IS PROVIDED
“AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING,
Cosmic Cow EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED
OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, Cosmic Cow MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS
TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU
ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR
DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL
OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT
DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
14.Limitation
of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL Cosmic Cow, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS
LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,
OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE,
DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY
TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR
SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS
WITH Cosmic Cow OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT Cosmic Cow HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS
LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY
NOT APPLY TO YOU.
15.Consequential Damages. IN NO EVENT WILL
Cosmic Cow, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS BE RESPONSIBLE
OR LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL,
EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO
ANY LOSS OF USE OR COSTS OF SUBSTITUTE SERVICES, HOWEVER CAUSED,
WHETHER FOR BREACH OF REPUDIATION OF CONTRACT, TORT, BREACH OF
WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY,
WHETHER OR NOT Cosmic Cow, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS
WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
STATED HEREIN. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Cosmic Cow', ITS
AFFILIATES', LICENSORS' AND SUBCONTRACTORS' LIABILITY IS LIMITED TO THE
EXTENT PERMITTED BY LAW.
16.Indemnification. You agree to
defend, indemnify and hold harmless Cosmic Cow, its affiliates,
licensors and subcontractors from all liabilities, claims and expenses,
including attorneys' fees, arising from or related to your breach of
this Agreement or portion hereof, you Participatory Content or Public
Content or any act or omission by you relating the Site, Services or
Games. Cosmic Cow reserves the right to assume its own defense and/or
control of any matter otherwise subject to indemnification by you
hereunder.
17.Termination. Either you or Cosmic Cow may
terminate your account and this agreement upon notice at any time
without further obligation to the other. Further, Cosmic Cow reserves
the right to terminate the Site, Services and/or Games, or any part
thereof, at any time without notice and without further obligation to
you. IN NO EVENT SHALL YOU BE ENTITLED TO A REFUND OF ANY FEES OR
PRORATION THEREOF. UPON TERMINATION OF THIS AGREEMENT, YOUR ACCESS
PRIVILEGES TO THE SITE, SERVICES AND GAMES WILL TERMINATE AND YOU WILL
FORFEIT ANY UNUSED ACCESS TIME THAT YOU PURCHASED OR RECEIVED PRIOR TO
TERMINATION. A member whose account Cosmic Cow has terminated may not
access the Site, Services or Games in any manner or for any reason
without Cosmic Cow' express, prior, written permission. Termination of
this agreement shall have no effect on any payment obligation accrued
prior to the effective date of termination. The following sections
shall survive termination: 5.1, 5.2, 7 and 13-20.
18.Ammendment.
Any new features which are added to the current Cubic Castles shall
also be subject to the Terms of Service. You can review the most
current version of the Terms of Service at any time on this page. We
reserve the right to update, change or replace any part of these Terms
of Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any
changes constitutes acceptance of those changes.
19.Reservation of Rights. Cosmic Cow hereby reserves any rights not expressly granted herein.
20.General
Provisions. If any part of this Agreement is held invalid or
unenforceable, that portion of the Agreement will be construed
consistent with applicable law. The remaining portions will
remain in full force and effect. Any failure on the part of Cosmic Cow
to enforce any provision of this Agreement will not be considered a
waiver of our right to enforce such provision. Our rights under
this Agreement will survive any termination of this Agreement. You
agree that any cause of action related to or arising out of your
relationship with Cosmic Cow must commence within ONE year after the
cause of action accrues. Otherwise, such cause of action is permanently
barred. These Terms of Use and your use of the Site are governed by the
federal laws of the United States of America and the laws of the State
of California, without regard to conflict of law provisions. Cosmic Cow
may assign or delegate these Terms of Service and/or Cosmic Cow’s
Privacy Policy, in whole or in part, to any person or entity at any
time with or without your consent. You may not assign or delegate any
rights or obligations under the Terms of Service or Privacy Policy
without Cosmic Cow’s prior written consent, and any unauthorized
assignment and delegation by you is void.