STAR TREK® ONLINE TERMS OF USE
(Last Updated: February 22, 2010)
PLEASE CAREFULLY READ THIS STAR TREK ONLINE TERMS OF USE AGREEMENT (the "Agreement"). IF YOU ("you") DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST CLICK ON THE "REJECT" BUTTON. IF YOU REJECT THIS AGREEMENT WITHIN THIRTY (30) DAYS AFTER FIRST PURCHASING A LICENSE TO THE STAR TREK ONLINE SOFTWARE (the "Software"), YOU MAY REQUEST A FULL REFUND OF THE SOFTWARE’S PURCHASE PRICE BY CONTACTING THE AUTHORIZED RETAILER THAT SOLD THE SOFTWARE TO YOU WITHIN SUCH 30-DAY PERIOD. ONCE YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NO LONGER BE ELIGIBLE FOR A REFUND.
This Agreement governs the relationship between Cryptic Studios, Inc. ("Cryptic," "we," "us") and you with respect to your use of Cryptic’s Star Trek Online game (the "Game") and the Star Trek Online site located at www.startrekonline.com (the "Site"). If you would like to view more information about us, or contact us in relation to the Site, please view the Cryptic Studios website and the Atari website.
By using the Game and/or Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Game and/or Site. Your use of the Game is also subject to terms and conditions of the Star Trek Online End User License Agreement (the "EULA"), Star Trek Online Rules of Conduct (the "Rules of Conduct") and Star Trek Online Privacy Policy which are incorporated into this Agreement by this reference.
We reserve the right at any time to:
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Service. We indicate at the top of the page when this Agreement was last updated. Your continued use of the Service following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.
Cryptic reserves the right to deny, in its sole discretion, your access to your Account and/or the Site and/or the Service without notice for and/or any or no reason (including, without limitation, for violation of this Agreement).
Individuals under the age of 13 are prohibited from registering or otherwise participating in Game and Site.
1. Game. The Game includes the following two (2) components: (a) the Software along with any accompanying materials or documentation; (b) the Star Trek Online game service. The Game includes, without limitation, any updates, enhancements and new features, are subject to the terms and conditions contained in this Agreement, including any future revisions, and any end user license agreement, codes of conduct or posted rules, instructions and/or guidelines with respect to the Game (each, a "License Agreement"). If there is any conflict between this Agreement and any License Agreement for Game, Cryptic shall resolve the conflict in its sole discretion. Any use of the Game that is not in accordance with this Agreement is expressly prohibited. Collectively, the Star Trek Online game service and Site are referred to as the "Service".
2. Materials. The information and materials provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons, software and links (collectively, the "Materials") are intended to inform you about Cryptic and/or the Game. Unless otherwise specified on the Site, you may download Materials displayed on the Site, and may use the downloaded Materials, solely for your personal non-commercial, use and consumption. You may print a single copy of any textual Material available for downloading on the Site, and may execute a single copy of the Software. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement. Further, the Materials remain the property of Cryptic or its licensors or suppliers. Use or downloading of the Game and Materials is conditioned on acceptance of the terms and conditions of any license agreements relating thereto, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by this Agreement or any applicable License Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of Cryptic or, if so indicated in writing by Cryptic, its licensors or suppliers.
3. Cryptic Content and Cryptic Marks. By "Cryptic Content," we mean our published Game-related images, graphics and artwork. By "Cryptic Marks," we mean the trademarks, logos, and service marks of Cryptic. For purposes of clarification, references to "Materials" in this Agreement include, without limitation, the Cryptic Content and Cryptic Marks. Unless otherwise specified on the Site, we grant you, a personal, revocable, non-transferable, non-sublicensable, non-exclusive license to reproduce and display any Cryptic Content and Cryptic Marks solely on your fansite or fansite pages dedicated to the Game ("Fansite"), provided that you agree to the following:
(a) You must be in full compliance with the provisions of this Agreement, the EULA, the License Agreements and any usage guidelines that may be provided by Cryptic from time to time (all of which may be modified from time to time in our sole discretion).
(b) As the operator of an independent, unaffiliated web site, you will have sole editorial control of the Fansite, except that you represent and warrant to Cryptic that the Fansite will not post or transmit: (i) any material that is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; or (ii) any content or information that is derogatory or harmful to the reputation of the Game, Cryptic, our officers and employees and/or any of our licensors and/or suppliers, in any way.
(c) You must retain all trademark, copyright and other proprietary notices contained in or on the Cryptic Content or Cryptic Marks and your use thereof is subject to the terms and conditions of this Agreement. If you post Cryptic Content on your Fansite, you must also prominently post the following notices on your Fansite on the same web page(s) as any of the Cryptic Content: "Star Trek® Online game content and materials are trademarks and copyrights of Cryptic Studios, Inc. or its licensors and used with permission. All rights reserved" and "™ @ © 2008 CBS Studios Inc. All rights reserved. STAR TREK and related marks are trademarks of CBS Studios Inc." You shall not remove or alter any identifying information or copyright or trademark information conveyed in connection with the Cryptic Content.
(d) You agree that the Cryptic Content and Cryptic Marks remain the sole and exclusive property of Cryptic. We reserve and retain all rights, title and interest in and to the Cryptic Content and Cryptic Marks. Your ownership in the Fansite excludes (i) Cryptic Content, Cryptic Marks and all goodwill relating thereto, and (ii) any derivative works based upon or including Cryptic Content and/or Cryptic Marks. The Fansite is not a "Joint Work" as that term is defined under United States copyright law (i.e., Title 17, United States Code). You shall not challenge Cryptic’s ownership of Cryptic Content or Cryptic Marks, nor use or adopt any trademarks that might be confusingly similar to Cryptic Marks.
(e) Except as expressly authorized by this Agreement, you may not (i) download, copy or use any of the Cryptic Content or Cryptic Marks; (ii) distribute, modify, transmit, publicly display and/or otherwise use Cryptic Content or Cryptic Marks; (iii) rent, lease, reproduce, modify, translate or create derivative works of Cryptic Content; or (iv) create any derivative works (including without limitation fiction or visual art) from, or in any way exploit, any of the characters or content contained in the Game or on the Site, in each case, without the written consent of Cryptic. Cryptic does not consent to the protection of any unauthorized derivative work under any copyright law. The creation and sale of merchandise that uses, references or is based upon the Game, Cryptic Content and/or Cryptic Marks is expressly prohibited.
(f) If you intend to charge a subscription or access fee to generate revenue from the Fansite, we require you to execute a simple license agreement with us. The limited permission granted under this Agreement with respect to Fansite use of certain Cryptic Content and Cryptic Marks does not cover such circumstances. Please contact us pursuant to Section 28 below if you require a license from us.
(g) Fansites that quote an article or message from a Site shall limit the quote to a paragraph or less and shall provide a link back to our Site for the full article or message, rather than reproducing the entire article or message on the Fansite. Permission to link from the Fansite to http://www.crypticstudios.com or http://www.startrekonline.com/ is granted in such circumstances.
We may terminate the limited permission to use the Cryptic Content and Cryptic Marks pursuant to this Section 3 at any time for any reason. Under no circumstances will we be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this limited permission. We reserve the right in our sole discretion to expressly refuse this limited permission to any particular Fansite, or to revoke this limited permission at any time without any liability to you whatsoever.
4. Eligibility. You represent that you are an adult in your country of residence.
5. Establishing an Account. When and if you register an end user account ("Account") on the Service, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, you will have materially breached this Agreement, and we reserve the right to terminate this Agreement and your use of the Site.
As part of the registration process, you will be asked to select a username and password that are unique to the Account (collectively referred to hereunder as "Login Information"). You may not share the Account or the Login Information with anyone other than as expressly set forth herein. You will be responsible for the confidentiality and use of your Login Information and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your Account is no longer secure, you must promptly change your password by visiting www.startrekonline.com/support and immediately notify us of the problem by emailing us at support@startrekonline.com. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Cryptic. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
6. Cryptic’s Absolute Right to Suspend, Terminate and/or Delete Your Account, Your Access to the Site and/or the Service. CRYPTIC MAY SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT, AND/OR TERMINATE OR SUSPEND YOUR ACCESS TO THE SITE AND/OR THE SERVICE AT ANY TIME WITH ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE, WITHOUT ANY LIABILITY TO YOU WHATSOEVER. For purposes of explanation and not limitation, most Account, Site and/or Service suspensions, terminations and/or deletions are the result of violations of this Agreement, the EULA and/or any License Agreement. You acknowledge and agree that Cryptic is not required to provide you notice before terminating or suspending your Account, and/or your access to the Site and/or the Service.
7. Your Right to Cancel Your Account. You have the right to cancel your Account at any time. You understand and agree that, except as expressly provided by law, the cancellation of your Account is your sole right and remedy with respect to any dispute with Cryptic. This includes, but is not limited to, any dispute related to, or arising out of: (a) this Agreement or our enforcement or application of this Agreement; (b) the Materials, the Software or the Service provided through the Site or any change therein; (c) your ability to access and/or use the Software or the Service; or (d) the amount or type of fees, surcharges, applicable taxes, billing methods or any change to the fees, applicable taxes, surcharges or billing methods.
Cryptic reserves the right to collect fees, surcharges or costs incurred before you cancel your Account(s). In the event that your Account is terminated, suspended or canceled, no refund will be granted; no online time or other credits or in-game items (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or anything associated with it (such as points, tokens or in-game items).
8. Trial Versions. Cryptic may, from time to time and at its sole discretion, offer trial or demo versions of the Software (the "Trial/Demo Version"). To use a Trial/Demo Version, you will need to create an Account and otherwise comply with all of the terms and conditions of this Agreement and any related agreements, policies or requirements of Cryptic. You may not have access to the Service through the Trial/Demo Version during the same hours as Account holders of the full version of the Software. Cryptic may, at any time, without notice and at its sole discretion, restrict, suspend, hold, terminate, discontinue or otherwise limit access to the Service through the Trial/Demo Version.
9. Cryptic Points. You may participate in our Cryptic Points service offering if you have a valid, active Account. The Cryptic Points service offering is a redeemable point system ("Cryptic Points") which can be used to license in-game virtual items through the Service. Cryptic Points is sold through the Service and the Game, either by purchasing Cryptic Points online or submitting a pre-paid code through the Service. Information on how to purchase Cryptic Points can be found here: http://www.startrekonline.com/store. Please note that any Cryptic Points you obtain through a Cryptic Game Card or other prepaid method of payment will not be usable until such time as you register it online with your Account. Cryptic has the right to, and may, limit the amount of Cryptic Points you can purchase or that you can maintain in your Account at any given time. Cryptic may also provide you with Cryptic Points as a part of a promotion, or through other means, such as for completing certain quests or achievements through your participation in the Game or Cryptic-sponsored contests or sweepstakes. You agree that you will be solely responsible for paying any applicable taxes related to the acquisition use, or access of Cryptic Points. You are solely responsible for verifying that the correct amount of Cryptic Points has been added to or deducted from your Account for each Cryptic Points transaction.
10. Ownership/Selling of the Account or Virtual Items. Cryptic does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. Cryptic owns, has licensed, or otherwise has rights to all of the content that appears in the Game. You agree that you have no right or title in or to any such content, including the virtual goods or currency appearing or originating in the Game, Cryptic Points or any other attributes associated with the Account or stored on the Service ("Game Assets"). Cryptic does not recognize any Game Assets transfers executed outside of the Game or the purported sale, gift or trade in the "real world" of anything related to the Game. Accordingly, you may not sell Game Assets for "real" money or otherwise exchange items for value outside of the Game. Any such sale or exchange is a material breach of this Agreement for which Cryptic may (but is not obligated to) immediately suspend or terminate your account.
11. Limitations on Your Use of the Service.
(a) Only Cryptic or its licensees have the right to host the Game. You may not host or provide matchmaking services for the Game, or intercept, emulate or redirect the proprietary communication protocols used by Cryptic in connection with the Game, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, reverse engineering, modifying the Game, adding unauthorized components to the Game, or using a packet sniffer while the Game is running.
(b) You agree that you will not (i) modify or cause to be modified any files that are a part of the Game; (ii) create or use cheats, bots, "mods," and/or hacks, or any other third-party software designed to modify the Star Trek® Online experience; or (iii) use any third-party software that intercepts, "mines," or otherwise collects information from or through the Game. Notwithstanding the foregoing, you may update the Software with authorized patches and updates distributed by Cryptic, and Cryptic may, at its sole and absolute discretion, allow the use of certain third party user interfaces.
(c) You may not disrupt or assist in the disruption of (i) any computer used to support the Service (each a "Server"); or (ii) any other player’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SOFTWARE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not violate any applicable law, rule or regulation in connection with your use of the Site, Materials, Software and/or Service.
(d) Cryptic reserves the exclusive right to create derivative works based on the Software. You may not create derivative works based on the Software without Cryptic’s prior written consent.
12. Purchases. If you wish to purchase products, including, without limitation, the Game, Cryptic Points or the Service described on the Site, you will be asked by Cryptic or the third party provider of the product or service to supply certain information applicable to your purchase, including, without limitation, credit card and other information. If you choose a recurring subscription, you acknowledge that payments will be processed automatically (e.g., debited from your account or charged to your credit card) until you cancel the Account. Cryptic may revise the pricing for the subscription plans and/or Cryptic Points offered, at any time. A subscription only applies to one Account. BY INITIATING A TRANSACTION, YOU REPRESENT AND WARRANT THAT YOU (A) ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. You understand that any such information will be treated by Cryptic in the manner described in our Privacy Policy, which can be found at http://www.startrekonline.com/privacy_policy. You agree that all information that you provide to Cryptic or such third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your Account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED SERVICES (INCLUDING, WITHOUT LIMITATION, SUBSCRIPTION SERVICES OR CRYPTIC POINTS) ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RECEIVE MONEY BACK FOR PREPAID TIME OR UNUSED CRYPTIC POINTS WHEN THE ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Descriptions or images of, or references to, products or services on the Site do not imply Cryptic’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to Cryptic’s acceptance of any order. Price and availability of any product or service are subject to change without notice. Current rates for any product or service available through the Site may be obtained by calling our User Services Department at (408) 348-1085.
13. Information Provided by Cryptic. Although Cryptic strives to provide Materials that are both useful and accurate, data and other information, including, without limitation, information about the Game, may change frequently and are subject to varying interpretations. Accordingly, although Cryptic endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. Please contact Cryptic at support@startrekonline.com to determine whether you have the most recent version of the Materials made generally available by Cryptic, although even the most recent version available from Cryptic may not be up-to-date, accurate or complete. In addition, portions of the Materials have been contributed to the Site by various third parties. The inclusion of such information does not indicate any approval or endorsement of such third parties, and Cryptic expressly disclaims any liability with respect to the foregoing.
14. Feedback and Postings. Please note that, because we and our designees host Forums, and, therefore, to redistribute materials you give to us, we require certain rights in those materials. In addition, from time to time, users may have the opportunity to provide feedback, suggestions and comments regarding their thoughts as to the usability, overall impressions and improvements to the Site and/or Game ("Feedback"). Accordingly, by sending or transmitting to us Feedback or by posting notes, concepts, information or other materials (collectively, "Postings") to any area of the Site and/o Game, you grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import such Feedback and Postings, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback or Postings. None of the Feedback or Postings will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Feedback or Postings. You acknowledge and agree that Cryptic may use built-in tracking features to obtain information regarding your use of the Service, and that the information obtained from such tracking features shall be deemed to be Feedback for all purposes under this Agreement. All Feedback and Postings are deemed to be "Materials" for all purposes under this Agreement.
15. Unsolicited Idea Submission Policy. Neither Cryptic nor any of its employees and/or contractors accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively "Unsolicited Ideas"). Please do not send your Unsolicited Ideas to Cryptic or its employees and/or contractors. Our policy is aimed at avoiding potential misunderstandings or disputes when Cryptic’s products or strategies might seem similar to Unsolicited Ideas that are submitted. If, despite our request that you not send us your Unsolicited Ideas, you still submit your Unsolicited Ideas to us or to any of our employees and/or contractors, then, you hereby grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others.
16. Forums and Chat Sessions. Our Forums and Chat sessions are designed to permit users with similar interests to share information and post questions and comments. Information on our Forums is provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with Cryptic. You acknowledge that a large volume of information is available in our Forums and Chat sessions and that people participating in such Forums and/or Chat sessions occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site, Chat sessions or Forums by third parties, whether such third parties are visitors to the Site, users of the Cryptic community or others. The opinions expressed in the Forums and in the Chat sessions reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Cryptic. We are not responsible for any errors or omissions in articles, Postings or messages, for hyperlinks embedded in Postings or messages or for any results obtained from the use of such information. Under no circumstances will we or suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through our Site. You bear the entire risk of the completeness, accuracy or usefulness of such information found on the Site. Cryptic does not control the quality, accuracy or content of any translated versions of the Site or the Service.
We have no obligation to pre-screen or monitor the Site, the Chat sessions or the Forums, or any Postings or other materials that you or other third parties transmit or post on the Site or the Forums. If you encounter something that you find objectionable and in violation of this Agreement or the applicable License Agreement, you can report it to us at support@startrekonline.com. You acknowledge and agree that we have the right (but not the obligation) to pre-screen, record and monitor the Site, the Chat sessions and the Forums and the materials you transmit or post; to refuse to post any materials you transmit or post, or alter or remove any such materials (including, without limitation, any Posting); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our users and visitors; and to comply with legal obligations or governmental requests, in each case, without notice to you. Notwithstanding the foregoing, you hereby acknowledge that Cryptic is under no obligation to monitor Chat or the Forums, and you engage in Chat and the Forums at your own risk.
17. Links. The Site contains links to other Internet web sites, including affiliated web sites which may or may not be owned or operated by Cryptic. Cryptic has not reviewed all of the web sites that are linked to the Site, and Cryptic has no control over such sites. Unless otherwise explicitly stated, Cryptic is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that Cryptic offers such links does not indicate any approval or endorsement of any material contained on any linked site. Cryptic is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature. Cryptic makes no representation or warranty with regard to other Internet webs sites, including, without limitation, any products, services, software or content provided on such sites.
18. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that materials hosted by Cryptic infringe your copyright (for example, materials posted by Cryptic on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Cryptic to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party 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 (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by Cryptic against you, the DMCA permits you to send Cryptic a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to:
Cryptic Studios, Inc.
Attention: DMCA Designated Agent
P.O. Box 321213
Los Gatos, California 95032
(408) 348-1085
DMCA@crypticstudios.com
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
19. Ownership and Restrictions on Use. The Site and Game are owned and operated by Cryptic in conjunction with others pursuant to contractual arrangements, and all rights and title in and to the Site and Game, including, without limitation, any and all user accounts, titles, computer codes, Cryptic Points, themes, virtual items, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets," transcripts of the Chat rooms, character profile information, recordings of sessions played on the Game, and the Software client and Server software, and any intellectual property and other rights relating thereto, are and will remain the property of Cryptic and its licensors and suppliers. The Site and Game, and the selection, compilation, collection, arrangement and assembly thereof, are protected by United States and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. The Software, Service and Materials may contain licensed materials, and Cryptic’s licensor may enforce their rights in the event of any violation of this Agreement.
Cryptic Marks and all other trademarks, logos and service marks displayed on the Site and/or in the Game (collectively the "Trademarks") are the registered and unregistered trademarks of Cryptic, Cryptic’s licensors and suppliers, and others. Cryptic Marks, whether registered or unregistered, may not be used in connection with any product or service that is not Cryptic’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages Cryptic. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Cryptic, Cryptic’s licensors or suppliers, or the third party owner of any such Trademark (except the limited right to use Cryptic Marks pursuant to Section 3 hereof). Misuse of any Trademarks is prohibited, and Cryptic will aggressively enforce its intellectual property rights in such Cryptic Marks, including via civil and criminal proceedings.
You may not copy, reproduce, republish, upload, post, transmit or distribute Cryptic Marks, Game, Materials and/or other content or information available on or through the Site and/or in the Game in any way without our prior written permission. The Cryptic Marks and Materials may be used solely to the extent necessary for your authorized use of the Site and/or Game, as provided in this Agreement or as expressly authorized in writing by Cryptic. Modification of the Cryptic Marks, Game and/or Materials or use of the Cryptic Marks, Game, and/or Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
If you download the Software from the Site, the Software is licensed on a limited basis to you by us or the owner of the Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title and interest in and to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, or transfer the Software to any third party.
20. Access By Minors. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify 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 current providers of such protections is available on the two websites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Cryptic does not endorse any of the products or services listed at such site.
21. Rules for Sweepstakes, Contests and Games. Any sweepstakes, contests or games that are accessible through the Site are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such sweepstakes, contests and games.
22. Termination of Agreement. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site and/or Game, or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and/or Game and all copies thereof, whether made under the terms of this Agreement or otherwise, including, without limitation, all Cryptic Content and Cryptic Marks posted or otherwise made available through your Fansite.
23. Disclaimers. THE SITE, THE GAME AND ANY OTHER PRODUCT OR SERVICE OBTAINED THROUGH THE SITE AND/OR SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CRYPTIC AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES (THE "CRYPTIC PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CRYPTIC AND THE OTHER CRYPTIC PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE SITE OR GAME WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVER(S) ON WHICH THE SITE IS HOSTED AND/OR GAME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO CRYPTIC AND THE OTHER CRYPTIC PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE AND/OR GAME.. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND/OR GAME, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE SITE, THE GAME AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF ANY OF THE CRYPTIC PARTIES, USERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE GAME OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND/OR GAME, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE SITE AND/OR GAME, ANY MATERIALS PROVIDED THROUGH THE SITE AND/OR GAME, AND ANY LINKED SITES ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Site, Game, Materials and/or Forums could include inaccuracies or errors, or information or materials that violate this Agreement (specifically, the Rules of Conduct). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us at support@startrekonline.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement," above.
The Cryptic Parties may make changes to the Site, the Service, the Software and/or Materials described in this Agreement at any time without prior written notice to you.
24. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE CRYPTIC PARTIES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR GAME, ANY LINKED SITE OR ANY OTHER PRODUCT OR SERVICE PURCHASED THROUGH THE SITE AND/OR GAME. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, GAME OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, GAME, OR LINKED SITE, AS APPLICABLE, AND TO CANCEL YOUR ACCOUNT(S). THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE CRYPTIC PARTIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO CRYPTIC OR ITS DESIGNEES, IF ANY, DURING THE PRIOR ONE MONTH PERIOD FOR THE SERVICE GIVING RISE TO SUCH LIABILITY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such states, the liability of Cryptic and the other Cryptic Parties shall be limited to the fullest extent permitted by law. Cryptic does not endorse, warrant or guarantee any third-party product or service offered through the Site and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
25. Indemnification. You agree to indemnify, defend and hold the Cryptic Parties, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Rules of Conduct, above; (b) any allegation that any Postings or other materials you submit to us or transmit to the Site and/or Game infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your unlawful and/or unauthorized activities in connection with the Site and/or Game.
26. Acknowledgments. You hereby acknowledge and agree that:
(a) WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH STAR TREK® ONLINE. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY "ADDON" OR "MOD," THAT IN CRYPTIC’S SOLE DETERMINATION (i) ENABLES OR FACILITIATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE STAR TREK® ONLINE INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY CRYPTIC; OR (iii) INTERCEPTS, "MINES" OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE GAME. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, CRYPTIC MAY (A) COMMUNICATE INFORMATION BACK TO CRYPTIC, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (B) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER SECTION 6 OF THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
(b) WHEN THE GAME IS RUNNING, CRYPTIC MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE SOFTWARE AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT AND THE EULA.
(c) CRYPTIC MAY RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE GAME AND YOU CONSENT TO SUCH MONITORING OR LOGGING.
(d) YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, SERVICING, REPAIR OR CORRECTION INCURRED IN MAINTAINING CONNECTIVITY TO THE SERVERS, AND ALL CHARGES RELATED THERETO.
27. Questions. The Site and Game are provided by Cryptic Studios, Inc. If you have any questions, comments or complaints regarding this Agreement, Site and/or Game, feel free to contact us at support@startrekonline.com.
28. Notice for California Users. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
29. Force Majeure. Cryptic shall not be liable for any delay or failure to perform its obligations hereunder if such delay or failure is due to unforeseen circumstances or causes beyond Cryptic’s control, such as acts of God, acts of any governmental body, war, insurrection, sabotage, terrorism, riots, embargoes, fire, floods, accidents, strikes or other labor disturbances, interruption of or delay in transportation, unavailability of, interruption of or delay in telecommunications or third party services, or inability to obtain fuel, energy, or other raw materials, supplies or power used in or equipment needed for provision of the Site and/or Game.
30. Governing Law; Forum You agree to the non-exclusive jurisdiction of an appropriate state court in Santa Clara County, California, or an appropriate federal court located in San Francisco, California for any action or proceeding arising out of or related to this Agreement; and except to the extent expressly provided in the following paragraph, any disputes arising under or in connection with this Agreement (including any of our policies referred to herein) and/or the Site shall be governed by and construed in accordance with the laws of the State of California in the United States without regard to applicable conflict of law provisions. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
If (i) you are not a U.S. citizen; (ii) you do not reside in the United States; (iii) you are not accessing this Site from the United States; (iv) the dispute between you and us is unrelated to your access to or use of the U.S. version of the Service and (v) you are the citizen of a European Union country who is using such Service for purposes other than for your trade, business or profession, you hereby agree that any disputes arising under or in connection with this Agreement (including any of our policies referred to herein) and/or such Service shall be governed by and construed in accordance with the laws of England and Wales, without regarding to applicable conflict of law provisions. If (i) you are not a U.S. citizen; (ii) you do not reside in the United States; (iii) you are not accessing such Service from the United States; (iv) the dispute between you and us is unrelated to your access to or use of the U.S. version of such Service; and (v) you are the citizen of Japan who is using such Service for purposes other than for your trade, business or profession, you hereby agree that any disputes arising under or in connection with this Agreement (including any of our policies referred to herein) and/or the Site shall be governed by and construed in accordance with the laws of Japan, without regarding to applicable conflict of law provisions. Nothing herein shall be deemed to constitute consent by Cryptic to the jurisdiction of any court or other forum of any country for the purpose of resolving any dispute hereunder (other than an appropriate state court in Santa Clara County, California, or an appropriate federal court located in San Francisco, California).
The Game and/or Materials are further subject to applicable export laws, including United States export controls. The Game and Materials may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Game and/or Materials, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
We reserve the right to limit the availability of the Site and/or Game (and/or the provision of any service, program, film or other product described thereon) to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.
31. Miscellaneous. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with Cryptic’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This Agreement is not intended to provide any third-party beneficiary rights. You may access and download this Agreement at any time from the following URL: http://www.startrekonline.com/terms_of_service.
Please read the Star Trek Online Rules of Conduct and the Cryptic Privacy Policy.
