1. Personal Use Only
Subject to your agreement to and continuing compliance with the Psigenics Agreements, you may use the Site, and the various offerings on the Site, solely for your own non-commercial entertainment purposes by accessing it with a web browser or an authorized, unmodified Software Client. You may not use the Site for any other purpose, or in connection with any other software.
2. Proprietary Rights
You acknowledge and agree that all content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Designated trademarks, service marks and brands are the property of their respective owners. Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Site is strictly prohibited without the express written permission of the respective owner. Except as expressly authorized in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on the Site on any single computer at any given time for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Use of the content or materials for any purpose not expressly permitted in these terms is strictly prohibited.
All rights and title in and to the Site (including without limitation any user accounts, titles, computer code, themes, 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 Applications) are owned by Psigenics or its licensors. The Applications and the Service are protected by United States and international laws, and may contain certain licensed materials in which Psigenics’ licensors may enforce their rights in the event of any violation of this Agreement.
4. No Ownership Rights in Account
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON A PSIGENICS SYSTEM, INCLUDING WITHOUT LIMITATION ANY SUBSCRIPTION ACCOUNT (AN “ACCOUNT”), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF PSIGENICS.
Psigenics 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. Psigenics owns, has licensed, or otherwise has rights to all of the content that appears in the Application. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Application, or any other attributes associated with any Account. Psigenics does not recognize any purported transfers of virtual property executed outside of the Application, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Application. Accordingly, you may not sell in-game items or currency for “real” money, or exchange those items or currency for value outside of the Application.
5. Account Suspension/Deletion
6. Code of Conduct
We want you and other users to enjoy accessing our Site. Thus, you agree not to transmit or otherwise make available any virus, worm, Trojan Horse, spyware, or any other computer file, code, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment. You further agree not to post, transmit, or otherwise make available any unsolicited or unauthorized spam, chain letters, pyramid schemes, advertising, promotional materials, or any other form of solicitation. You shall not disrupt or interfere with the Site or the servers or networks that provide the Site, or disobey any procedures, policies or regulations of such networks. You are not permitted to create a database by systematically downloading and storing all or any of the content on the Site. You shall not use any spider, robot, site search/retrieval application, or other manual or automatic device or process to index, retrieve, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents, unless otherwise permitted by Psigenics.
The Site may include forums, bulletin boards, chats and other areas where users can post and/or exchange information, ideas, opinions, photographs, images, videos, creative works or any other materials (collectively “Forums”). Psigenics does not control the material delivered to Forums, and Psigenics has no obligation to monitor such Forums. The messages do not necessarily reflect the views of Psigenics. In no event shall Psigenics assume or have any responsibility or liability for any materials posted on Forums or for any claims, damages or losses resulting from their use and/or appearance on the Site.
With your use of the Site, and in particular the Forums, you shall not post or transmit any unlawful, threatening, abusive, libelous, derogatory, defamatory, obscene, vulgar, pornographic, profane, offensive or indecent information of any kind, including images and language; post any message that solicits or promotes gambling or engage in any gambling activity; post any hateful or harassing messages, information or material; post, transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing; use Forums for any illegal purposes (or to solicit any illegal act); or use the Site to collect personally identifying information about users of the Site Psigenics does not control the materials posted via the Site and the Forums and therefore does not guarantee the accuracy, integrity or quality of such materials. You understand that by using the Site and the Forums, you may be exposed to content that is offensive or objectionable. While using the Site, and Forums, you agree to comply with all applicable laws, rules and regulations.
10. Warranty Disclaimer
While Psigenics uses reasonable efforts to include accurate and up to date information in the Site, it makes no warranties or representations as to its accuracy, nor does it assume liability or responsibility for any errors or omissions in the content of the Site. THE SITE, THE SITE MATERIALS, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PSIGENICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PSIGENICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE MATERIALS, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES, OR THE SOFTWARE, IN TERMS OF THEIR ACCURACY, CORRECTNESS, RELIABILITY, OR OTHERWISE. PSIGENICS DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, THE SITE MATERIALS, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES, OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, SITE MATERIALS, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON.
You assume all risk of errors and/or omissions in the Site, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Site, including the information provided thereon, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of the Site, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties.
YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY SERVICE, MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICES, AND ALL CHARGES RELATED THERETO. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. NO OPINION, ADVICE, OR STATEMENT OF PSIGENICS OR ITS PARENT, AFFILIATES, SUPPLIERS, OR AGENTS, WHETHER MADE ON THE SITE, IN THE SERVICES, SOFTWARE, OR OTHERWISE, SHALL CREATE ANY WARRANTY.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PSIGENICS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES UNDER ANY CONTRACT, EQUITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, BREACH OF STATUATORY DUTY AND STRICT LIABILITY) OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE SERVICES, THE SOFTWARE, OR ANY PRODUCT OR SERVICE ADVERTISED ON OR PURCHASED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, PSIGENICS’ REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, EVEN IF PSIGENICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE, THE SERVICE, THE SOFTWARE, AND/OR CONTENT CONTAINED WITHIN OR POSTED ON THE SITE IS TO STOP USING THE SITE, THE SERVICE, AND/OR SOFTWARE, AS APPLICABLE. IN NO EVENT SHALL PSIGENICS’ MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. IN NO EVENT SHALL YOU BE ENTITLED TO INJUNCTIVE OR OTHER EQUITABLE RELIEF.
You agree to indemnify, defend and hold Psigenics, our officers, directors, employees, agents, licensors and representatives harmless from and against any and all claims, damages, liability, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from your breach of this agreement, your activities in connection with the Site and Forums, and/or any allegation that any materials that you submit to Psigenics or transmit or post to the Site infringe or otherwise violate the copyright, trademark, trade secret, trade dress, patent or other intellectual property or other rights of, or defame or violate the right of publicity or privacy of, any third party. Psigenics reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Psigenics’ defense of such claim.
13. Force Majeure
Psigenics shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Psigenics, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Psigenics’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
You hereby acknowledge and agree that:
- WHEN RUNNING, THE APPLICATION MAY MONITOR COMPUTER HARDWARE, NETWORK AND SERVICE FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH PSIGENICS APPLICATION. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE APPLICATION, WOULD CONSTITUTE A VIOLATION OF THESE TERMS. IN THE EVENT THAT THE APPLICATION DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, PSIGENICS MAY (a) COMMUNICATE INFORMATION BACK TO PSIGENICS, INCLUDING WITHOUT LIMITATION THE 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 ANY PSIGENICS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
- WHEN THE APPLICATION IS RUNNING, PSIGENICS MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE APPLICATION AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF ANY PSIGENICS AGREEMENT.
- Psigenics may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if Psigenics believes that doing so may protect your safety or the safety of others.
- PSIGENICS MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that Psigenics is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk.
- You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.
15. Equitable Remedies
In the event that you breach this Agreement, you hereby agree that Psigenics would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Psigenics shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Psigenics may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with Section 16, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
16. Dispute Resolution and Governing Law
You and Psigenics each agree that all disputes between you and Psigenics that arises out of, or relates to, these TOU, will be resolved in accordance with the Psigenics Dispute Resolution Policy. Should any portion of the Psigenics Dispute Resolution Policy be found illegal or unenforceable, you agree that such portion shall be severed and the remainder of the Psigenics Dispute Resolution Policy shall remain in force and effect.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THIS AGREEMENT OR THE RIGHTS AND OBLIGATIONS OF MEMBERS OR PSIGENICS IN CONNECTION WITH THE SITE, THE SOFTWARE AND THE PROGRAM SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE UNITED STATES OF AMERICA, STATE OF NEVADA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER JURISDICTIONS LAWS.
The state and federal courts located in Nevada shall have exclusive jurisdiction over any suit or other proceeding arising out of or based upon this Agreement, and by using the Site, each Member hereby waives any claim that he or she is not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.
Effective Date: March 4, 2014
Updated: November 13, 2018