Terms of Service and EULA
By entering your personal information, opening an account, using the Darkfall: Rise of Agon game, accessing the Darkfall: Rise of Agon world and hitting the “I Accept” button you acknowledge having reviewed the following terms of service, that you agree to be bound by them and waive any defense based on the method or manner through which your agreement to these terms of service has been entered into.
Welcome to Darkfall: Rise of Agon created by Big Picture Games Ltd.. There are two components to Darkfall: Rise of Agon, the game client that you install on your computer (the “Game”) and the online service where the virtual world where the game is played (the “World”). Your use of the Game and the World are governed by these Terms of Service (“TOS”) and the End User License Agreement (“EULA”) that you agreed to when you installed the Game on your computer. You must agree to accept both the TOS and the EULA before you can to play Darkfall: Rise of Agon. The TOS is set out in detail below and also available on the Darkfall: Rise of Agon web site. The EULA is incorporated into these TOS by this reference. By installing and playing Darkfall: Rise of Agon you are specifically agreeing to both the TOS and the EULA terms and conditions.
2. Conditions and Limitations. Your Limited License to the World and the Game is subject to the following conditions and limitations:
- You will not use and distribute cheats, bots, hacks, mods or any other third-party software not specifically offered or authorized by Big Picture Games that modifies or alters the Game or the World;
- You will not commercially exploit the Game or the World by gathering or acquiring in-game currency, items or resources that are sold outside the Game or the World;
- You will not commercially exploit the Game or the World by providing any services on the Game or the World for financial benefit or payment from outside the Game or the World;
- You will not use any unauthorized third-party software that intercepts or otherwise collects information from or through the Game or the World such as software used to collect data from your computer or from the World through your computer regarding a character in the Game or in the World or any third party created player interface that is not specifically authorized by Big Picture Games;
- You will not modify any files that are a part of the Game or of the World or use any hacks or cheats while playing in the Game or the World;
- You will not host, develop or participate in any matchmaking services for the Game or the World unless specifically authorized by Big Picture Games to do so;
- You will not participate or facilitate any unauthorized play of the Game or the World over the internet or any private network;
- You will not participate or facilitate in any manner any connection to the Game or the World on any server that is not authorized and maintained by Big Picture Games or those authorized to provide a server by Big Picture Games;
- You will not in any manner disrupt or facilitate in the disruption of any server used to support the World or any other player’s computer used to play the Game or access the World including, but not limited to, ping bombing or denial of service attacks. You acknowledge that, in addition to such actions being a violation of these TOS and the EULA, they may also be in violation of criminal and civil law and could subject you to criminal and civil penalties;
- You will not use the Game or the World in any manner that violates any law, governmental regulation or that interferes with any third party rights.
4. Big Picture Games Ownership of the Game and the World. Big Picture Games, or the licensors of any additional or original works incorporated into the Game and the World, own all rights and title to the Game and the World. This exclusive ownership includes all player accounts and characters, any player virtual content acquired in the World with the Game, computer code, art, animations, sounds, musical compositions, visual effects, characters, character names, stories, dialogue, dialog, locations, concepts, moral rights, documentation, "applets" incorporated into the Game and transcripts of the chat, character profile information, player generated recordings of games played the Game and the World, server technologies and everything created with the Game or in the World. You understand and acknowledge that Big Picture Games will constantly make changes to the Game and the World and will, in its sole discretion, modify features, functions or abilities of any element of the Game or the World, without limitation.
5. Darkfall: Rise of Agon Account. In order to play the Game in the World each player must establish an Account with the Darkfall: Rise of Agon online system. When creating an account you will provide Big Picture Games with personal and financial information as well as the Authentication Key provided to you when you purchased the Game. You must provide accurate information to Big Picture Games and update that information promptly after it changes. Once you establish your account you will select a player name and set up a password for your account. Do not share your player name or password with anyone else. You are responsible for maintaining the confidentiality of your account player name or password, and you will be responsible for all uses of your account player name or password, whether you authorize its use or not. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your account player name or password, you must immediately notify Big Picture Games at the contact email address on the official Darkfall: Rise of Agon website https://www.darkfallriseofagon.com.
6. Account Ownership. The account you create for Darkfall: Rise of Agon represents your license to play the game in the world. It does not impart or represent any ownership right to you in any characters, item, or content in the game or in the world. You understand and agree that all of the content in the game and world are the exclusive property of Big Picture Games and you have no property right or other vested interest of any kind in your account or in any of the in-game characters, items, or attributes acquired by your characters in the game or in the world. You agree and acknowledge that any and all rights to your account are owned by Big Picture Games.
7. Management of Accounts. You acknowledge and agree that Big Picture Games, at its sole discretion, may suspend, modify, or delete your account at any time for any reason or for no reason with or without notice to you. If for any reason or for no reason your account is terminated, suspended, or altered in any manner you will not be entitled to compensation for the time you spent playing the game in the world or for any other compensation. For informational purposes only, and not as a limitation of Big Picture Games’ rights, most adverse account actions are related violations of these Terms of Service or the EULA.
8. In Game and in World Conduct. Darkfall: Rise of Agon is for the entertainment and enjoyment of all of its players. So, there are rules of conduct that help keep the game fun for everyone and also to protect Big Picture Games’ rights. You must comply with these rules while playing the Game in the World and also while posting on the related Darkfall: Rise of Agon forums, including those on any third party fan sites. These rules must be complied with by everyone who plays Darkfall: Rise of Agon without exception. All account holders agree to comply with the rules of conduct. The rules set out here are in no way meant to limit any of Big Picture Games’ discretionary rights regarding accounts of conduct. They are guidelines that should be followed at all times. Big Picture Games retains the right to change these rules of conduct at any time.
9. Player Conduct. The following rules of conduct apply to all players within the Game, the World or on any official Darkfall: Rise of Agon web sites or forums:
- While playing Darkfall: Rise of Agon, you must respect the rights of others and their rights to play and enjoy the game.
- You may not defraud, harass, threaten, or cause distress and/or unwanted attention to other players within the Game, the World or on the official Darkfall: Rise of Agon web sites.
- You will not report players maliciously, or cause them to be investigated by Big Picture Games for misconduct or violation of these TOS or the EULA without reason.
- You may not post or communicate any player's real world information (name, address, account names, etc.) in the Game, the World or on the official Darkfall: Rise of Agon web sites.
- You may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, or racially or ethnically offensive language within the Game, the World or on the official Darkfall: Rise of Agon web sites.
- You may not post or link to any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, or racially or ethnically offensive imagery or content within the Game, the World or on the official Darkfall: Rise of Agon online web sites.
- When communicating in Darkfall: Rise of Agon using Chat (including, without limitation, server wide chat and use of the whisper command), you may not spam, flood, or make duplicate posts.
- You may not impersonate any employee of Big Picture Games or anyone acting under the authority of Big Picture Games or its affiliates within the Game, the World or on the official Darkfall: Rise of Agon web sites.
- You may not violate any local, state, national, or international laws or regulations within the Game, the World or on the official Darkfall: Rise of Agon web sites.
- You may not market, promote, advertise, or solicit within the Game, the World or on the official Darkfall: Rise of Agon web sites without Big Picture Games explicit written permission.
- You may not trick, cheat or defraud any fellow player out of game currency, items or any other in a game item of value, outside of the scope of in-game role-playing. You may not engage in these activities where out-of-game communications or real currency is involved.
- You will follow the instructions of authorized personnel while in Darkfall: Rise of Agon or on the official Darkfall: Rise of Agon websites and forums.
- You may not organize nor be a member of any Guild or other groups within the Game or the World that are based on, reflect or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate mongering philosophies.
- You may not use any name that belongs to another person with the intent to impersonate that person, including any employee of Big Picture Games or anyone acting under the authority of Big Picture Games or its affiliates within the Game, the World or on the official Darkfall: Rise of Agon web sites.
- You may not use any name that incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable.
- You may not use any name that is, contains, or is substantially similar to a trademark or service mark, whether registered or not.
- You may not use any name that belongs to any religious figure or deity.
- You may not use any name that is from the Darkfall: Rise of Agon Game or World.
- You may not use any name that relates to drugs, sex, alcohol, or criminal activity.
- The content must be used in a non-commercial context for private, personal use only unless explicit permission has been given in writing by Big Picture Games.
- You must include all copyright and other notices associated with the content.
- You will not create or display and any content or videos of the Game or the World that alter the content in a negative manner to misrepresent the content or gameplay in a negative way.
- You acknowledge and agree any use of Darkfall: Rise of Agon content does not in any manner impart on you any rights whatsoever and that any content is the property of Big Picture Games and has not been conveyed to you except as permitted in these TOS and the EULA.
- You agree that Big Picture Games has the right to request removal of your content at any time, for any reason or with no given reason.
- You acknowledge and agree that you will not use our content on sites that contain or link to sites containing hacks or cheats, pornography, inflammatory content, infringing or unlawful content, racial or sexist slurs & content.
13. Disclosure of Information. You acknowledge and agree that Big Picture Games has the absolute right, at its sole discretion and without notice to you, to disclose your Internet Protocol (IP) address(es), personal information, Chat logs, and other information about you and your activities in response to a request by law enforcement, a court order or other legal process, if doing so may protect your safety or the safety of others or to protect or enforce Big Picture Games’ rights in the Game and the World.
14. Active Game and Account Monitoring. You agree that Big Picture Games may use whatever procedures or protocols it may deem necessary to monitor your computer and activity in the Game and the World. This may include, but is not limited to, monitoring your personal computer to determine the validity of your installation, your account and the Game and to assure that you are not using any third party software that might violate these TOS or the EULA. You agree that Big Picture Games or its authorized agents may monitor, by any means, your computer’s CPU, operating system, video card, sound card and memory information in order to analyze and optimize your Game experience, improve and maintain the Game and the World or to provide customer service. If you request customer service or technical support, you understand and agree to Big Picture Games or its authorized agents engaging in remote access and review of your computer for purposes of such support. In addition, though not obliged to do so, Big Picture Games may monitor, record, review, modify or disclose any player chat in the Game of the World, whether voice or text, without notice, and you hereby consent to such monitoring, recording, review, modification or disclosure. Notwithstanding the foregoing, you understand that you participate in any chat in the Game or the World at your own risk.
15. Multiplayer Environment. The Game and the World are accessed by multiple game players simultaneous. As a result, you may encounter other players who are rude, offensive, belligerent, and who may use indecent, obscene, and/or threatening or harassing language while playing the Game and in the World. You should report any instances of such behavior to Big Picture Games. Big Picture Games will endeavor to investigate and take whatever actions Big Picture Games, in its sole judgment, determines are reasonable under the circumstances. Big Picture Games does not guarantee that you will not encounter behavior of others that you may view as insulting, demeaning, offensive, threatening or harassing. You assume all risk associated with playing the Game in the multiplayer World, and Big Picture Games assumes no responsibility for the conduct of any other players, and shall not be liable to you or any other person for the conduct any other players.
16. No Warranty. The game and the world are provided “As is” and Big Picture Games does not warrant that the game or the world will be uninterrupted or error-free, that defects will be corrected, or that the game or the world are free of viruses or other harmful components. Big Picture Games disclaims all warranties, express or implied, including without any implied warranties or merchantability or fitness for any particular purpose or use or non-infringement. Big Picture Games does not warrant that the game or the world will continue to be provided in its present form or in any form.
17. Limitation of Liability. As a condition of the limited license to the game and the world and of your continued use and access to the game and the world you agree that Big Picture Games or its agents, subsidiaries, licensors or affiliates will not be liable in any way for damage or less of any kind resulting from your use or inability to use the game or world. Any loss or damage to your player characters, accounts, statistics, inventories, or player profile information, for any interruptions of your ability to play the game or access the world, for any software or hardware failures or any other event which may result in a loss of data or disruption of your ability to play the game or access the world. You further agree that you will not assert or make any claim or suit against Big Picture Games or its agents, subsidiaries, licensors, or affiliates related to or based on your claimed ownership of any virtual character or goods in the game or the world or for the deletion or termination of your player account or content, in whole or in part, for any reason or for no reason.
18. Governing Law and Venue. These TOS and the EULA incorporated herein are governed by and construed in accordance with the laws of Canada and will be binding upon the account holders in the Game and the World worldwide. You hereby agree to the jurisdiction of the appropriate judicial tribunal in the province of Ontario. You agree to the resolution of any and all disputes arising under these TOS and the EULA, or actions to enforce the terms of these TOS or the EULA, in the exclusive jurisdiction of Ontario Courts and waive any objection to such venue or exclusive jurisdiction.
19. Additional Big Picture Games Remedies. You agree that your compliance with these TOS and the EULA are necessary and reasonable in order to protect Big Picture Games and its business, and expressly agree that monetary damages would be inadequate to compensate Big Picture Games for any breach of these TOS or the EULA. Accordingly, you agree and acknowledge that any such violation or threatened violation will cause irreparable injury to Big Picture Games and that, in addition to any other remedies that may be available in law, equity or otherwise, Big Picture Games will be entitled to obtain injunctive relief against the threatened breach of the Agreement or the continuation of any such breach by you, without the necessity of a bond or proving actual damages.
20. Severability of Provisions. If a court of competent jurisdiction holds any term, covenant or restriction of these TOS or of the EULA to be illegal, invalid or unenforceable, in whole or in part, the remaining terms, covenants and provisions will remain in full force and effect and will in no way be affected, impaired or invalidated. If any provision in these TOS or the EULA is determined to be unenforceable in equity because of its scope, duration, geographical area or other factor, then the court making that determination will have the power to reduce or limit such scope, duration, area or other factor, and such provision will be then enforceable in its reduced or limited form.