Last updated: March 9, 2019
This Agreement is applicable only to the services and websites as provided by us and not on other services or websites on the World Wide Web. Should you click on a link that references you to another site not owned or operated by us, you should consult the outside sources legal documents before continued use.
You acknowledge and agree that you shall have no ownership over your account and characters associated with the account. Also, you agree and acknowledge that you shall not own any virtual entities that embody your characters or account in our services and websites. Users, as such, are only borrowing an account, characters or virtual avatars from us and acknowledge and agree that the users’ accounts and other related objects are on loan from us. As a consequence, VORTEX, at any time, may delete or terminate without notice or refund any accounts that are fraudulent or have breached this or other agreements as listed by us.
As accounts, characters, and other related virtual objects are on loan from VORTEX, users cannot sell, barter, or trade their accounts, characters, and other related objects for real currencies or virtual currencies whether real or conceived. If a user tries to sell their accounts, proper actions will be taken against said account including but not limited to account termination without notice or refund.
As accounts, characters, and other related virtual objects are on loan from VORTEX, users are explicitly forbidden from sharing accounts with other users. If an account is shared between users, VORTEX reserves the right to terminate the account without notice or refund.
2. Virtual Goods
Within our games and services, VORTEX uses a virtual form of currency so users may purchase virtual items or services during their time of use. Also, any items or objects or currencies held within our games or services are collectively known as “virtual goods”. These virtual goods are used by the users in our services and sites. Any virtual currencies purchased by you, the user, from our services, through legal means, shall use this virtual currency to purchase other virtual goods and services as offered by us. Users are warned and advised against purchasing virtual goods or virtual currencies from other individuals or companies that are not representative of, related to, or legally owned by VORTEX and our Third Party vendors.
You acknowledge and agree that you shall have no ownership over any virtual goods or virtual currencies and said items are on loan from our services. As a consequence, VORTEX, at any time, may delete or remove any virtual items obtained illegally, those that have an error in their coding, or virtual goods that are temporary items. Also, accounts that have been terminated can have all virtual goods removed from the account without refund.
Issues related to Guest Services, technical support, and billing issues, etc. may also require you to provide us with personal information (such as such as your real name, email address, street address, etc.) so that we may address your inquiries and other situations properly.
3. Public Communication Services
Before using any of our services, websites or public communication services, please carefully read and review our policies concerning user generated content.
VORTEX offers several services such as forums, profile pages, blogs, and chat rooms (collectively known as “Public Communication Services”). We offer these services to allow our company and our Third Party Providers a chance to communicate with our users and also allow open communication between our users. You acknowledge that the use of our public communication features is for public use and not private communications. Also, you acknowledge that you will not use these public communication services to solicit, sell, or advertise any products, news, or services, unless expressedly permitted in writing from our company.
When using these public communication services we cannot guarantee the security of or privacy of any information or communications sent and received between users. It is the responsibility of the users to protect their personal information. We assume no responsibility in any leak of personal information when users choose to display their information in these services.
We are not responsible for, nor do we endorse, any information, opinions, technical tips, or other advice posted or transmitted by any users in any of our Public Communication services. We do not claim any liability connected with any submissions if not posted or specifically written by our company.
VORTEX and our Third Party Providers have no obligation to monitor or supervise any public communication services, however we reserve the right to monitor and supervise all services, websites, and public communication services. VORTEX also has the right, in our sole discretion, to supervise, monitor, edit, screen, block, remove, and refuse to post or transmit any user generated content, in part or in whole.
a. Rules and Code of Conduct
The Rules and Code of Conduct applies to all of our services, websites, and public communication services. You acknowledge that it is your responsibility to understand and adhere to the Rules and Code of Conduct.
I. Community Rules of Conduct
The terms listed below are not all-inclusive, and are subject to change without notice. Exceptions to these Guidelines may be made on a case-by-case basis, depending on what is in the best interests of the community as a whole.
- Play nice. Do not personally attack another poster. Don’t try to make another user’s life difficult. If you disagree with an opinion or idea, there is no reason to become hostile.
- Keep it clean. Posts containing vulgar, obscene, or otherwise generally unacceptable material will be summarily removed and a warning will be issued. This includes any material that can be construed as racist or illegal, and covers racial slang/pornography/copyright violations/etc. In addition, for the benefit of all, no discussion on religion and politics will be allowed. Direct links to any of the above count as well, as do attempts to sneak around the censor filter.
- No trolling allowed. While the basic idea of just what trolling is can vary from case to case, it is generally accepted that trolling is posting in a manner intended to anger or insult another poster or posters. Behavior of this sort is frowned upon and will be dealt with accordingly.
- Do post constructively. Any posts that do not provide any substance to the discussion, or the community as a whole, will be removed. This includes advertising/spam, abuse of the color/size tags, spamming nothing but smiley faces, abusing the quote function, posting without using the search function first, ranting in every thread, etc. Also messages consisting of posting in a manner that could be considered “baiting” of another poster.
- Please keep posts related to the topic at hand. While some discussions will naturally morph into related topics, purposefully derailing a conversation will not be tolerated.
- Moderators’ or Guest Service Representatives’ decisions are not to be publically discussed – likewise for service correspondence without explicit permission from the staff member. Should you have a comment, concern, question or issue, use the private message feature to contact a moderator or administrator. Furthermore, if you believe a post or thread to be in violation of these rules, either in whole or in part, use the report function on said post or thread or contact a moderator privately. In addition, altering or editing a staff member’s message or post edit is also forbidden.
- Private messages shall be kept private unless a user has expressedly written consent of the author of said message(s) to publicly post the information contained therein.
- Bugs, exploits, bots, hacks, or “cheats” in any form are not acceptable topics to be posted on these forums. Should you find a non-abusive bug pertaining to any of the VORTEX Interactive products, please use the Tech Support forum to let us know about it or contact us directly via the support system. For exploits and other such cheats, please make immediate use of the support ticket system.
- No account hopping to evade suspension or other such penalties. You are personally responsible for your conduct on the forums and in game. If you create a new account to continue bad behavior because another account was suspended, any accounts involved will be permanently revoked. Disciplinary actions such as forum suspension apply to a person, not a specific account. This also includes posting by proxy or on behalf of a suspended user.
II. Gameplay Rules of Conduct
- Impersonating a staff member or official, or a representative of our company and/or Third Party Providers.
- Using or exploiting bugs (errors in coding or game design flaws).
- Using, creating, sharing, or soliciting any Third Party programs that creates an unfair advantage or disadvantage to any users in our services.
- Soliciting, selling, or advertising any services, any virtual goods or virtual currency exchanges.
- Transmitting of or facilitation of transmitting any unsolicited advertising, junk mail, chain letters, spam, pyramid schemes, get rich quick schemes, or any other form of solicitation.
- Violating any laws whether applicable to local, state, national, or international laws, rules or regulations, whether intentionally or unintentionally.
III. Account, Nickname, Character, and Guild (Clan) Naming Policies
- Any names that employs the use of vulgar language which are otherwise offensive, defamatory, racist, obscene, hateful, or racially, ethnically or otherwise unacceptable.
- Any names that contain Trademarked or Copyrighted brand names.
- Any names that contain religious figures, deities, or representatives of any religions.
- Any names that contain complete or partial sentences.
- Any names that are related to drugs, sex, alcohol, illegal substances, or illegal or criminal activity.
- Any names that contain or are entirely gibberish.
- Any names that reference to real persons, pop culture icons or personas.
- Any names of another person or staff member with the intent to impersonate that person or staff member including, but not limited to:
- Game Master
- Game Saviour
- Staff Moderator
4. User Generated Content, User Generated Submissions and Intellectual Property
All content, games and other information offered in our websites or services are subject to copyright and trademark protections.
Any and all content submitted by users by uploading or transmitting to our services, sites, and public communication services, shall be considered, and remain, the property of VORTEX and/or its Third Party Providers from the moment the information or content is transmitted or uploaded. Hence, VORTEX and/or its Third Party Providers shall have sole ownership of all now known and henceforth copyrights and all other intellectual property rights to ALL USER GENERATED CONTENT of every kind, ad infinitum. You acknowledge that VORTEX and/or its Third Party Providers shall be irretrievably entitled to use, modify, adapt, publish, reproduce, license, sell, or otherwise change in any way, shape or form in any medium, without compensation or credit to the user that provided the content. You also relinquish any rights or claims that any use by our company or Third Party Providers of any User Generated content violates any of your rights, including but not limited to privacy, morality, proprietary, religious or other rights and/or rights to credit for any content or ideas, ad infinitum.
II. You agree to include our trademarks, copyright or other proprietary notices when displaying any content from our sites and services as well as our Third Party Providers.
III. As the owner of an unaffiliated website, that is solely independent from our company, you will have sole control over all content and be responsible for any and all information, designs, ideas, and content uploaded and transmitted to your site. As such, we reserve the right to refuse the use of any of our content if the fansite is comprised of, houses, or harbors any slander or libel about VORTEX, its Third Party Providers, Employees, Officers or any officially related partnerships with VORTEX.
IV. You agree to not charge subscription fees without the written permission or license agreement with our company. You also agree to not generate revenue from the fansite without our written permission from our company or mutual license agreement. You may not use any limited permission content for your fansite in such circumstances unless we give written permission or through a mutual license agreement.
I. We may, from time to time, ask for feedback in ways of polls, posts, or e-mails (“Feedback”). We welcome all comments and information regarding our sites and services. However, unless we specifically request ideas, notes, drawings, creative suggestions, fan art, videos, pictures, images or fan fiction (“User Generated Submissions”), we ask user to not submit any User Generated Submissions. While we do value any feedback and input you may have, we request that any specific feedback given does not contain User Generated Submissions.
II. Any and all User Generated Submissions that you send to our company, whether at our specific request or despite our previous request to not submit User Generated Submissions, and along with all Licensed Content shall become and remain, ad infinitum, the property of our company from the moment of creation.
III. You acknowledge that VORTEX and/or its Third Party Providers shall be irretrievably entitled to use, modify, adapt, publish, reproduce, license, sell, or otherwise change in any way, shape or form in any medium, without compensation or credit to the user that provided the content. You also relinquish any rights or claims that any use by our company or Third Party Providers of any User Generated Submissions violates any of your rights, including but not limited to privacy, morality, proprietary, religious or other rights and/or rights to credit for any content or ideas, ad infinitum.
NEITHER VORTEX, VORTEX’S THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED FROM AND HOUSE IN OUR SERVICES AND WEBSITES, NOR ANY OF OUR EMPLOYEES, RESPECTIVE DIRECTORS, OFFICERS, VOLUNTEERS OR OTHER AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT OUR SERVICES AND WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT OUR GAMES OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
a. Limitation of Liability
Neither VORTEX nor its Third Party Providers or Affiliates shall be held liable in any way, shape or form, for any damages or losses of any kind, whatsoever. In no event will VORTEX, our third party Providers, employees, officers, directors, volunteers or other agents involved in our services and sites, be liable for any indirect, direct, implied, not implied, incidental, special or consequential damages arising out of or related to:
I. the use or inability to use any sites or services we provide;
II. the use, by you, of any browser or software owned or operated by any party;
III. the downloading of any of our software as offered by VORTEX, our Third Party Providers, or our affiliates.
While using our sites or services there may be links available that will take users outside of our sites and services to other sites or services that are beyond our control. These links may be in the form of:
I. Text links.
V. User-Provided Links.
6. Security of Account
VORTEX reserves the right to not refund any and all purchases made by users of our Virtual Goods, including but not limited, to purchases of our virtual currency and items that are downloadable or were obtained using our virtual currency.
8. Account Termination and Dispute Resolution
VORTEX also reserves the right to terminate any accounts that share common identifiable information such as, but not limited, to I.P. address, without notice.
9. Governing Law
You agree that actions of law are only applicable to local and national laws in which VORTEX GAMING. is headquartered in, without regard to choice of law principles, in which this Agreement shall be construed under. The application of the United Nations convention on Contracts for International Sale of Goods is excluded.
10. Amendment Clause
You acknowledge and agree to indemnify and hold VORTEX, our Third Party Providers, Employees, Affiliates, Officers, Respective Directors, Volunteers or Partners (“Company”), harmless, from against any and all liability and costs including, but not limited to, court fees, attorneys’ fees, or other fees incurred by the Company in connection with any claim arising from:
a. Any breach by you, the user, of the Agreement or any representations, covenants and/or warranties contained in this document.
b. Your use of our sites and services, including but not limited to, your account and all of our other services and features.
12. Other conditions
13. Acknowledgements and Requirements of Acceptance