Welcome to the Lands of Hope web site, located at www.landsofhope.com.
Please review the following terms that will govern your use of our Site
and services ("Terms").
1. Our Services. Lands of Hope is an Internet-based MMORPG
(Massively Multiplayer Online Roleplaying Game). In addition to the Game, we
also provide forums, chat rooms and other game-related services.
2. Access. You must have access to the World Wide Web in order to use our
Site, Services and Game. It is your responsibility to select, obtain and pay for
any equipment (e.g., computer or modem) and services (e.g., phone line or DSL)
necessary for such access.
3. Registration. If you accept the Terms, Lands of Hope will ask
you to complete a registration form in order to establish your account. You must
enter a valid contactable Email address by which Lands of Hope staff members can contact
you in an emergency. Lands of Hope reserves the right to delete any
vulgar or otherwise offensive Account details, or to require you to change your
Account details. You must also select a password for your account. Lands of Hope recommends that you choose one with letters and numbers, and do not use
your Account Name as your password. Lands of Hope restricts the use of our site, services and game to one free account per person or as many pay to play accounts as you wish (anyone violating this restriction will be subject to censure up to and including banning).
4. Attitude. You must be kind, courteous and respectful at all times when using the game and public chat. Please read the chat rules for more on this.
5. License. Subject to all of the Terms, Lands of Hope hereby
grants you a personal, non-exclusive, non-transferable license to access the
Site and to use the Game and Services only on the Site solely for your personal
6. Restrictions. You agree not to do any of the following prohibited
reproduce, distribute, publicly display or perform, translate, modify,
adapt, create derivative works from, deconstruct, reverse engineer,
decompile or disassemble in any manner the Game or Services or any portion
thereof, including but not limited to any character, graphic, associated
software or proprietary communications protocol used by the software or any
utilities, applications, emulators or tools derived therefrom;
permit any other person to access the Game from your account, or create
or provide any other means through which your account may be played by
anyone besides you;
upload, post, email or otherwise transmit through the Site, Services or
Game any material that (i) is unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, libelous, invasive of another’s
privacy, hateful, or racially, religously, ethnically or otherwise
objectionable; (ii) you do not have a right to transmit under any law or
contractual or fiduciary relationship (e.g., inside information, proprietary
information from an employer or confidential information subject to a
nondisclosure agreement); (iii) infringes any patent, trademark, trade
secret, copyright or other party’s proprietary rights; (iv) is unsolicited
or unauthorized advertising, promotional material, "junk mail,"
"spam," "chain letters," "pyramid schemes," or
any other form of solicitation, except in those areas that are expressly
designated for such purpose (e.g., player advertisement rooms); or (v)
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
harm minors in any way;
impersonate another user or administrator or other representative, or
otherwise misrepresent your affiliation with such persons;
forge headers or otherwise manipulate identifiers in order to disguise
the origin of any materials you or another party transmit through the Site,
Services or Game;
disrupt the normal flow of dialogue, use an external macro program (which
can harm server performance, or otherwise act in a manner that negatively
affects other members’ ability to engage in real time exchanges;
interfere with or disrupt the Services or servers or networks connected
to the Services, or disobey any requirements, procedures, policies or
regulations of networks connected to the Services;
intentionally or unintentionally violate any applicable local, state,
national or international law, and any regulations having the force of law;
"stalk" or otherwise harass another; or
collect or store personal data about another member without the express
permission of such member.
reveal information, to anyone without access to such information, without
the express permission of a member, that (i) personally identifies such
member; (ii) reveals the administrative role of such member within a game;
or (iii) reveals the names of game characters identified with such member.
lie, misrepresent yourself to, or otherwise intentionally deceive any
use gibberish or repetetive letters when making character names, anything using repetetive letters may be seen as spam. Please remember that other players will be calling you by the name you use and if it is total un-workable you may cause disruption in chat or in-game because of this. WE RESERVE THE RIGHT TO RENAME ANY CHARACTER FOR ANY REASON.
Third Party Content. You acknowledge and agree that the Site, Services
and Game contain materials owned by Lands of Hope and its licensors
(including other members), and you agree not to interfere the copyrights,
trademarks and other proprietary rights of such parties. You agree that these
rights are valid and protected in all media existing now or later developed,
and that except as is explicitly provided otherwise, your use of such
materials shall be governed by the copyright laws of the United States and
other applicable laws.
Content Monitoring. As a matter of policy, Lands of Hope does
not pre-screen or monitor the content that you or other members may post to
the Site, Services or Game. Lands of Hope does reserve the right to
monitor all such content, and reserves the right to remove without notice any
and all content that Lands of Hope, in its sole discretion, finds
offensive or otherwise objectionable. You are solely responsible, and bear the
risk, for evaluating the accuracy, integrity, quality, completeness or utility
of any content. Lands of Hope makes no representations or warranties
about the content appearing on the Site, Services or Game. Under no
circumstances will Lands of Hope be liable in any way for any content,
including but not limited to, for any errors or omissions in any content, or
for any loss or damage of any kind incurred as a result of the use of any
content posted, emailed or otherwise transmitted via the Site, Services or
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
Links. The Site, Services and Game may provide links to other sites for
your convenience only. Lands of Hope 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, Lands of Hope recommends that you review the other site’s
other form of transmission received from any linked site.
8. Your Account is Your Responsibility. You are solely responsible and
entirely liable for all activities conducted through your account and/or your
account name, even if your account has been compromised through no fault of your
own. Lands of Hope 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 Lands of Hope immediately in the event your
password is lost, stolen, disclosed or compromised. It is not Lands of Hope policy to ask for your password online, and Lands of Hope
suggests that you never respond to an on-line request for your password.
Accounts may not be traded or given to other people the Account remains the sole property of Lands of Hope all times.
9. Privacy. You understand that you have no expectation of privacy with
respect to your use of the Site, Services or Game, and that all communications
made by or received from you may be monitored, preserved and disclosed by
Lands of Hope 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 Game using your account.
You acknowledge and agree that Lands of Hope will report to law
enforcement authorities any actions which may be considered illegal, as well as
any reports it receives of such conduct. Lands of Hope will cooperate
fully with law enforcement agencies in any investigation of alleged illegal
activity. Specifically, Lands of Hope may disclose information about you
or your Public Content if Lands of Hope 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 Public Content violates the
rights of a third party; or (d) protect the rights, property or safety of
Lands of Hope, its members or the public.
10. Charges for Service. Lands of Hope provides a fully free
functioning game system with no restrictions. Players can pay for additional services or features. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR ACCOUNT WHETHER OR NOT
AUTHORIZED BY YOU. If your use of the Site, Services or Game is subject to any
use, sales or other taxes, or if Lands of Hope offers any additional
services for a fee as noted on the Site and you choose to partake in such
additional fee-services, then Lands of Hope may also bill you for any
such charges, which will be in addition to the rates noted here. Lands of Hope reserves the right to change its fees and billing methods at any time
effective thirty (30) days after notice of the changes are posted on the Site.
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 16
("Termination"). Your continued use of the Game or Services seven (7)
days after the changes are posted on the Site will constitute your acceptance of
such change. If you pay for 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. Lands of Hope and its licensors shall at all times
retain all right, title and interest in and to the Site, Services and Game,
except to the extent of the licenses granted to you hereunder.
13. Disclaimer of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
Lands of Hope, ITS AFFILIATES, LICENSORS AND SUBCONTRACTORS DISCLAIM ALL
WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FORLORN
HOPE/LANDS OF HOPE PROVIDES THE SITE, SERVICES AND GAME (AND ANY RELATED SOFTWARE OR
HARDWARE USED OR PROVIDED BY Lands of Hope IN CONNECTION THEREWITH OR ANY
CONTENT INCLUDED THEREIN) "AS IS" AND ON AN "AS AVAILABLE"
BASIS, AND MAKES NO WARRANTY OF PERFORMANCE OR QUALITY OR THAT THE SITE,
SERVICES OR Game WILL BE ERROR-FREE OR UNINTERRUPTED. SOME JURISDICTIONS DO NOT
PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO
14. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
Lands of Hope' AND ITS AFFILIATES’, LICENSORS’ AND SUBCONTRACTORS’
TOTAL LIABILITY TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT, THE SITE,
SERVICES OR GAME SHALL BE LIMITED TO THE TOTAL PAYMENTS MADE BY YOU TO FORLORN
HOPE UNDER THIS AGREEMENT WITHIN THE TWELVE (12) MONTHS PRIOR TO THE
OCCURRENCE OF THE INCIDENT WHICH GAVE RISE TO SUCH LIABILITY. THE FOREGOING
LIMITATION SHALL NOT APPLY TO DAMAGES ARISING FROM DEATH OR PERSONAL INJURY TO
PERSONAL OR TANGIBLE PROPERTY IN ANY JURISDICTION WHERE SUCH LIMITATION IS
PROHIBITED BY LAW.
15. Consequential Damages. IN NO EVENT WILL Lands of Hope, 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 Lands of Hope, 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, Lands of Hope’, ITS AFFILIATES’, LICENSORS’
AND SUBCONTRACTORS’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
16. Indemnification. You agree to defend, indemnify and hold harmless
Lands of Hope, 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, your Public Content
or any act or omission by you relating the Site, Services or Game. Lands of Hope 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 Lands of Hope may terminate your
account and this agreement upon notice at any time without further obligation to
the other. Further, Lands of Hope reserves the right to terminate the
Site, Services and/or Game, 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 Game WILL TERMINATE. A member whose
account Lands of Hope has terminated may not access the Site, Services or
Game in any manner or for any reason without Lands of Hope’ express,
prior, written permission. Termination of this agreement shall have no effect on
any payment obligation accrued prior to the effective date of termination.
18. Amendment. Lands of Hope may amend the Terms in its sole
discretion at any time by posting revised Terms on the Site, and you agree to
regularly review the Terms. If any such revision is unacceptable to you, you may
terminate your account and this agreement as provided in Section 16
("Termination"). Your continued access and use of the Site, Services
and/or Game seven (7) days after posting of the revised Terms shall constitute
your acceptance of the same. Except as expressly set forth herein, the Terms may
not otherwise be modified or amended.
19. Chat Rooms. Lands of Hope provides online chat rooms
for communicating with other players solely at our discretion. When using a
Lands of Hope chat room you agree to adhere to the chat rules for that
specific channel. Failure to comply with these rules will result in varying
degrees of censure up to and including Account Termination.
20. Reservation of Rights. Lands of Hope hereby reserves any
rights not expressly granted herein.
21. General Provisions. You may not sublicense, rent, sell, assign or
otherwise transfer the rights or obligations granted to you in this agreement,
and any such attempted transfer shall be void. If any provision of this
agreement is held to be unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it enforceable, and such decision
shall not affect the enforceability of: (i) such provision under other
circumstances, or (ii) the remaining provisions hereof under all circumstances.
Lands of Hope' failure to enforce at any time any provision of this
agreement shall in no way be construed to be a present or future waiver of such
provision, nor in any way affect the right of any party to enforce each and
every such provision thereafter. The express waiver by Lands of Hope of
any provision, condition or requirement of this agreement shall not constitute a
waiver of any future obligation to comply with such provision, condition or
requirement. Notwithstanding anything to the contrary, no default, delay or
failure to perform on the part of Lands of Hope shall be considered a
breach of this agreement if such default, delay or failure to perform is shown
to be due to causes beyond Lands of Hope' reasonable control. In any
action to enforce this agreement, the prevailing party shall be awarded its
costs and fees (including reasonable attorneys’ fees), including such fees and
costs incurred in enforcing and collecting any judgement. This agreement
represents the entire agreement between you and Lands of Hope with
respect to the subject matter referenced herein.