The Outer Reaches - The Second Beginning
End User License Agreement (EULA)
This agreement describes the terms on which OUTER REACHES STUDIOS (the "Company") offers you access to
an account (the "Account") to play THE OUTER REACHES - THE SECOND BEGINNING on-line game (the "Game"). The current
version of the Game is subtitled SEASON 3 (the "Round").|
By signing up an account, you accept the terms and conditions below.
If you have any questions regarding these terms and conditions, please contact The Creators at creators at outer hyphen reaches dot com.
|1.||Accounts are only available to adults (a person who is 18 years or older) or at their discretion, their children. If you are not an adult (as defined above), then one of your parents or your guardian must complete the signup process. In which case, they will take full responsibility for all obligations under this agreement. By signing up an account, you represent that you are an adult and are accepting this agreement on behalf of yourself, or that you are the parent or guardian of a child and that you are accepting this agreement as such. You MUST indicate during the signup process whether you are accepting the agreement on your own behalf or on behalf of a child.|
|2.||You are only allowed to play one account and must NOT share login information with anyone. Anyone found to have shared their login details (account sharing) or to be playing more than one account (multi-ing) could have their account closed without notice, as account sharing and multi-ing will NOT be tolerated in the game.|
|3.||You are liable for all activites related to each account you signup. If you signup and play the account yourself, you are liable for your own actions. If you are a parent or guardian and signup an account for a child, then you are liable for their actions. If an account you signup breaches the terms of this agreement, we reserve the right to suspend (or, at our sole discretion, delete) it and any other accounts you have signed up.|
|4.||Accounts are only available to individuals for signup in a personal capacity and may not be obtained by or for corporations or other entities without the express written permission of the Company.|
|5.||To play the game, you must register here for an account. You may optionally upgrade your account. Should you choose to do so, you are responsible for arranging payment for the upgrade. As well as the account upgrade fee, you are also responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware, software, service and other costs you incur whilst accessing your account.|
|6.||If you commit fraud (pay with a credit card you are not authorised to use for example) in the process of transfering funds to the Company, we reserve the right to terminate your account and any other accounts you may have signed up. We also reserve the right to seek financial compensation for any losses or costs incurred as a result of your actions.|
|7.||Neither this Agreement or your account entitles you to any subsequent rounds of the game or any other product or service offered by or on behalf of the Company.|
Should you wish to continue to play beyond the 14 day trial period, you are required to add an account activation code to your account.
If such a code is not added to your account within 14 days, it will be closed and deleted. When you complete the first login process,
an account activation code will be generated by the system and emailed to you. If this process fails or you do not receive this code within
24 hours, you should notify the Company immediately as described during the first login process. You are soley responsible for such
notifications. As such, the Company accepts no responsibility for any losses or damages that you incurr as a direct or indirect result
of not receiving an account activation code. This disclaimer applies in all cases, including (but not limited to) (i) the failure of the
first login process due to software or hardware issues and (ii) the failure of our systems to deliver the email message containing the account
activation code in a timely manner.|
Once acitvated, you can continue to use your account until the end of the round. The Company reserves the right to delete, at its sole discretion, accounts that are deemed to be inactive. An account will be deemed to be inactive if it has not been accessed for a period of 30 days. This definition applies regardless of your accounts vacation status and applies to all accounts except those that have been fully upgraded using either (i) a combination of Upgrade A and Upgrade B or (ii) Upgrade C.
Only official account upgrade codes purchased from the Company may be used to add upgrades to your account.
Unless stated otherwise account upgrade codes are valid for 90 days from the date of issue or until the end of the round, which ever is earliest.
Each code can be used once and at the Companys sole discretion may be linked to a specific account. If you attempt to use account upgrade codes or account activation codes that (i) are linked to an account other than your own, (ii) have already been used or (iii) are invalid or in any way defective, your access to the game may be temporarily suspended. Continued attempts to use invalid codes may result in the closure of your account.
Current prices for account upgrade codes may be obtained from http://www.outer-reaches.co.uk/, such rates are subject to change at any time.
|4.||Unless stated otherwise, all fees for account upgrade codes or other products and services offered by or on behalf of the Company are prepaid and non-refundable. Upon completing the payment through the implemented payment solution, you authorise us or our agents to automatically collect the appropriate fee plus any applicable taxes we are required to collect.|
|5.||During signup you provide a password and a security phrase. You may not disclose your password or your security phrase to any third party. We never ask you for your password by telephone, email or any other means, and you should not disclose it if someone asks you to do so. We do not provide features that allow you to save your password. Your browser may do, in which case your password may be stored on your hard drive and you will be soley responsible for its security.|
When registering an account, you should provide accurate information and should not answer on behalf of a third party.
If it is discovered that you lied or provided inaccurate information during the signup process or if the Company is
unable to verify or validate some or all of the information you provided, your account may be closed immediately
If you are a parent or guardian completing the signup process for a minor child, you are required to complete the signup in your own name since you will be obligated under the terms of this agreement.
|7.||Subject to the terms of this Agreement, we hereby grant to you a non-exclusive license to access the game through your account. You may not copy, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer any content of the game or your account or any of the other websites, products or services offered by or on behalf of the Company.|
You may not create or provide any other means or device through which the game may be played. This includes
but is not limited to the creation of server emulators, client software and bots.|
You must not place undue load on any server or other device operated by or on behalf of the Company, or any server or other device operated by our network providers or other suppliers. You must not create, provide or use any means by which undue load could be created on any servers or network infrastructure operated by or on behalf of the Company, its suppliers or other players.
You may not access the game or your account using software other than a standard web browser such as but not limited to Mozilla, Netscape and Internet Explorer. You may not access the game or your account using any means of automation, this includes but is not limited to the use of bots, scripts or any other software or device.
You must not select a login name, ruler name or planet names that could be deemed offensive, insulting, or that violate any trademarks,
publicity rights or other proprietary rights.|
The Company will determine if a particular name is acceptable. If it is deemed unacceptable, the Company in its sole discretion may elect to change the name to something more suitable or close your account.
As part of your Account, you can change or add content in game in various forms, including but not limited to, quadrant names, quadrant banner URLs,
transmissions, quadrant information posts, planet names, ruler names and fleet names, (hereafter refered to as, your "Content"). Your content must not (i) infringe
any third party rights, (ii) violate any law or regulation, (iii) be defamatory, obscene, or in anyway harmful to minors, or (iv) contain any form of computer program
intended to damage, interfere with, intercept or expropriate any system or data including but not limited to personal information, account details, network infrastructure
and any system operated by or on behalf of the Company, its suppliers or players.|
The Company reserves the right to take action with respect to your Content or account if it believes it may result in liability for the Company or the loss of (in whole or in part) the services it relies on to conduct its business including but not limited to PayPal, the Companys ISPs or other suppliers (hereafter refered to as the "Services").
You hereby grant to the Company a worldwide right to exercise all intellectual property rights associated with your Content in any media format. You agree that this right shall be irrevocable, perpetual and royalty-free, and that the company at its sole discretion may sub-licence this right to other parties.
If you are found to be directly or indirectly responsible for any action that results in a loss (in whole or in part) of the Services the Company relies on
to conduct its business, you agree that you will indemnify the Company in respect of any financial or other loss incurred by the Company as
a result of this loss of Service.|
If you are found to be directly or indirectly responsible for any actions that results in a deterioration or loss (in whole or in part) of any products and services provided by or on behalf of the Company or any of its suppliers, you agree that you will indemnify the Company or its suppliers in respect of any financial or other loss incurred as a result of this deterioration or loss.
The Company cannot ensure that your private communications, data and other personally identifiable information will not be disclosed to third
parties. The reasons for such disclosure include but are not limited to the disclosure of information to the government or third parties under
certain circumstances, and the unlawful interception of communications, data or other personally identifiable information.|
By accepting this Agreement, you authorise the Company to disclose any information about you to private entities, law enforcement or other government officials as the Company in its sole discretion believes appropriate.
Without limiting the foregoing, the Company will not sell or attempt to sell to any third parties any information (identifiable or not) about you or any other player.
The Company reserves the right to communicate with you via EMail or other similar technology for the purposes of
promoting other products, services or software that may (now or in the future) be provided by or on behalf of the
Company. Your account may at any time opt in or out of these promotional activites. If your Account has opted out,
the Company agrees it will not include it in the aforementioned promotional activites.|
The Company reserves the right to communicate with you using (but not limited to) EMail or other similar technology for the purposes of administration relating to your Account.
|14.||You shall comply with all applicable laws regarding your access to your account and your playing of the game.|
The Company provides the account, the game and all other services "as is". The company and its suppliers
expressly disclaim any warranties or conditions of any kind, express, implied or statutory, including but not limited
to the implied warranties of title, noninfringement, merchantability and fitness for a particular purpose.|
Some states/countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may have other legal rights which vary from region to region.
Without limiting the foregoing, the Company does not warrant that it will maintain continuous, error-free, secure operation of the Game and your Account. Further, the Company cannot and does not promise or ensure that you will be able to access your Account whenever you want, and there may be extended periods of time when your Account or the Game are inaccessible.
|16.||Under no circumstances shall the Company, its staff, affiliates or suppliers be liable to you or to any third party
for any lost profits or special, incidental or consequential damages (however arising, including but not limited to negligence) arising
out of or in connection with your account, your use of any data or files or other products and services provided by or on behalf of the Company,
its suppliers and affiliates, or this Agreement.|
The Companys liability to you or any third parties is limited to £5. Some regions do not allow the foregoing limitations of liability, so they may not apply to you.
In the game you may only access your own account, logging into any other account, directly or indirectly, besides your
own constitues multiing. Several forms of multiļng include, but are not limited to (i) Account sharing, allowing someone besides yourself to access your
account or accessing any account other than your own, (ii) Account swapping, assuming ownership of an account not created by yourself
(except as defined in section 1) and (iii) Registering multiple accounts, signing up and activating more than 1 account (except as defined in section 1).|
If you are suspected of multiing and it is proved that your account has interacted with another account from the same IP address, or you have accessed your account by way of an anonymiser or proxy, those actions will be sufficient evidence for an administrator to close your account.
The Company at its sole discretion may elect to award prizes at the end of the round to players that it deems in its sole discretion to
be winners or worthy of such an award. The prize is non-negotiable. A cash alternative will NOT be available. The prize may consist of
any product, service or software provided by or on behalf of the Company, its suppliers or affiliates, that it deems suitable.|
All decisions relating to these prizes and their allocation are final and shall be made entirely by the Company and its staff. Neither the Company or its staff will enter into any discussions relating to the prizes and their allocation.
If it is discovered that you have cheated, used any means other than those provided directly by the game to gain an unfair advantage during the round, or that you have broken any terms of this Agreement, you will forfeit any chance of winning a prize.
|19.||By accepting this Agreement, you agree to treat the Companys staff, other players or any other third parties in a respectful polite manner and in a way that is not liable to cause offence. Should you fail to comply with this condition you will be punished at the Companys sole discretion using a variety of punitive measures, including but not limited to (i) the temporary suspension of your account and (ii) the closure of your account.|
|20.||INTELLECTUAL PROPERTY RIGHTS|
The Company and its suppliers shall retain ownership of all intellectual property rights relating to or residing in the game and websites controlled by or on behalf of the Company. The game is a "commercial" item. All data stored on servers controlled by or on behalf of the Company is considered property of the Company, and may be altered or used at any time as deemed necessary by the Company.
|21.||THE GRAPHICS PACK|
The Company provides at its discretion a set of 12 compressed files that contain various items of media used by the game. Each compressed file and the media it contains will be refered to as the "Pack".
You are granted the right to use the pack whilst your account is active. The images and other files it contains may only be used by web pages that originate from servers operated by or on behalf of the company in connection with the current round of the game. Anyone found to be using or reproducing the images or other files in anyway shape or form other than that previously stated may have their account closed.
Your use of the pack is limited to decompressing it and storing its content on the hard drive of the machine(s) you use to access your account. Once decompressed, you may not in any way change the pack or its content.
You may redistribute the graphics packs providing the copyright notices in them remain intact and no charge is made for them. Any attempt to pass the pack or its content off as your own work may result in the closure of your account.
Persons, Corporations or other entities that do not have an account may NOT use a pack in anyway.
If you wish to use the graphics packs or the images and files they contain in anyway that infringes these conditions you should seek prior written permission from the Company.
At its sole discretion the Company may choose to pursue offenders in accordance with the laws of the United Kingdom for copyright infringement.
Exceptions The Company will allow you to change the pack content in order to customise how the game looks. In order to do this you may change the pack content as required, with the exception of images used to depict buildings, ships, probes, weapons, ground units and special projects. In accepting this Agreement you agree that you will grant the company full and total irrevocable, perpetual and royalty-free ownership of the Pack you created.
The pack content is Copyright (C) 2001-2005 Outer Reaches Studios.
The Company reserves the right to amend this Agreement at any time at its sole discretion. Amendments shall be communicated to you at the time you log into your account via the message of the day that is presented when you successfully log in. Such amendments will become effective on or after the time they are communicated to you.
The Company reserves the right to temporarily suspend your account and to deny you access to the game. This right may be exercised as deemed necessary by the Company or its staff for (but not limited to) the following reasons (i) as a form of punishment for minor indescretions or violations of this Agreement or other rules and regulations relating to your use of the game or other products and services provided by or on behalf of the Company, (ii) to allow for the investigation of complaints relating to your conduct in game or Content submitted with your Account, and (iii) to allow for the investigation of claims that you performed actions intended to give you an unfair advantage in the Game.
The Company may terminate this Agreement (including your account) immediately and without notice if you breach any of the terms of this Agreement. The Company reserves the right to terminate this Agreement (including your account) immediately and without notice if it is found that you have repeatedly infringed ANY third party intellectual property rights. Upon termination of this Agreement, you will no longer be able to access your Account and any unused upgrade or activation codes linked to your account will be forfeit.
This Agreement is governed in all respects by the laws of the United Kingdom, as such laws are applied to agreements entered into and to be performed entirely within the United Kingdom between UK residents, the UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.
Both parties submit to personal jurisdiction in Cardiff and further agree that any cause of action relating to this Agreement shall be brought in a court in Cardiff, South Wales. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
The Companys failure to act with respect to a breach by you or others does not waive the Companys right to act with respect to subsequent or similar breaches.
You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between the Company and you with respect to the subject matter hereof.
|The Outer Reaches - The Second Beginning - Copyright © 2001-2004 Outer Reaches Studios|
|http://www.outer-reaches.com||-||The Outer Reaches - The Second Beginning|
|http://www.outer-reaches.net||-||The Nebula (Outer Reaches Community Portal)|
|http://www.outer-reaches.co.uk||-||Outer Reaches Studios|