Terms of Service
(Last modified: July 31, 2016)
I. Definition and Purpose of Furcadia
Furcadia is an Internet online multi-player game and virtual community. It allows you to interact with players from all over the world. Throughout this document, "Furcadia" and "Service" refer to the actual game world, the software, the web site, the associated message boards and social media. Also, "Dragon's Eye" is understood to refer to the company which provides both software and service, Dragon's Eye Productions, Inc.
The software required to connect to and use the Furcadia service may be downloaded and is provided for free. Dragon's Eye grants you a limited, non-exclusive license to use the program and the Service. Dragon's Eye provides the software as interface to play its game on the Internet. You are granted the license to use the software for this sole purpose and may not use it for any other purpose. You agree to use the software only to play on the official server, provided by Dragon's Eye.
III. Account Information
In order to play the game, you must register an account with the Service and are prompted to provide a valid e-mail address. It is your responsibility to enter an active, working e-mail address and update it as needed. All players are also required to enter their year and date of birth when registering. This information is considered confidential and will never be revealed to anyone unless you give prior consent or are required to by complying with law enforcement. Players under the age of 13 are required to have their parents fill out the registration for them, provide an email address that can be used to contact the parent, and choose an additional parental access password. Upon your registration for Furcadia, you will choose a password for your account. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of any password or from use by any person of your password to gain access to your account. It is recommended to use unique passwords that are not used for other accounts, characters or services. It is further highly recommended not to use a password that is equal to your account name. Dragon's Eye Productions and its staff members will never ask you for your password. Sharing an account or account password with another individual is not permitted. Giving away, trading, selling, or purchasing an existing account is considered sharing and is not allowed. Shared accounts are subject to deletion without prior warning. If an account is terminated or deleted, Dragon's Eye reserves the right to terminate any other accounts that are owned or used by the same player. Individual characters, but not accounts, may be shared with another individual by means of sharing the INI file that does not contain the same password as the account the character is on. This does not limit, or release from responsibility, the player whose account a shared character is on. Characters can only be registered to one account and one person, who is responsible for the account and all characters on it.
IV. Charges and Fees
Using the Furcadia software, the web site, the message board, the social media sites, and playing the basic game is free of charges, except any fees and charges of your Internet Service Provider or that are caused by connecting to the Internet and using the computer. Additional products and services are offered for extra charges. Purchased add-ons and subscribed services ("special items" or "Digos") are provided as virtual, in-game objects and services. Players are given methods to transfer the ownership of special items to other players. Dragon's Eye and its staff members do not supervise, oversee or moderate such trades. If a special item is transferred to another player, the receiver of the object becomes the owner. Previous owners cannot reverse the transfer, and forfeit the ownership of the transferred object. Fees for special items or services are paid in advance and are not refundable in whole or in part. You are fully liable for all charges made on your credit card or PayPal account, including unauthorized charges. All special items are considered to have no cash value, and are sold for entertainment purposes only.
V. Materials and Content
You acknowledge that the software and the Service contain multimedia materials (graphics, audio effects, music, animations) and text ("Content"), and that Content may be provided under license by independent, unaffiliated content providers, including contributions from other players and users of the Service. These independent content providers, including other users, are referred to in this document as "Content Providers". We provide Content Licenses for your use, but cannot enforce them on your behalf. Please refer to http://cms.furcadia.com/creations/dreamart/contentlicenses for details on these Content Licenses. For all Content, regardless of whether it uses a Content License, you must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Dragon's Eye Production does not pre-screen Content as a matter of policy, but has the right, but not the responsibility, to remove Content at any time which it deems to be harmful, offensive, or otherwise in violation of this document or other agreements and regulations. Copyrights for any original works made by Content Providers belongs to them, or jointly to them and Dragon's Eye if their work is based on Furcadia artwork or other content to the extent that it constitutes a 'derivative work' under current laws. By uploading their original work and/or derivative work to Furcadia, Content Providers automatically grant their permission for other players to use the Furcadia software to view and experience those works, a process in which the software may download copies of the works to the viewer's computer for viewing. In addition, the act of uploading grants Dragon's Eye license to redistribute the work in other formats or on other media that the software may support in the future, and to redistribute it in any way that it deems beneficial towards the goal of promoting Furcadia to the general public, so long as such distribution is performed either at no charge, or for no more than a nominal fee to cover the costs involved. Any sale of a Content Provider's work for profit is not covered by this permission, and still requires Dragon's Eye to license Content Provider's copyrighted materials before so doing. Content Providers recognize and acknowledge that making their content available for other players to view and use incurs a certain amount of risk that some of those players may use, modify, or distribute that content in unauthorized ways which may infringe on the copyrights of the Content Provider. Each Content Provider agrees that they assume the entire risk of such infringement when they choose to upload, that they indemnify Dragon's Eye from any liability resulting from such infringement by third parties, that Dragon's Eye assumes no responsibility for taking punitive or corrective actions against such copyright violators, and that the Content Provider will pursue any and all remedies for such infringements on their own, whether these consist of requesting the infringer to cease and desist, filing a civil lawsuit against the infringer, or any other measures. In the event that a Content Provider chooses to file suit on a copyright infringement matter, Dragon's Eye agrees to provide any requested information regarding the transfer or use of the content involved that it may have in its records in a timely fashion.
VI. Conduct and Communication
You agree to follow the Rules and Policies of Furcadia. The Rules and Policies may change at any time, at the discretion of Dragon's Eye. Dragon's Eye shall have the right to terminate your account if it determines in its sole discretion that you have engaged in any offensive or unacceptable conduct whether or not such conduct violates the Rules and Policies. You acknowledge, however, that Dragon's Eye does not pre-screen Content or communication over the Service, operating as a "common carrier" for communications between players and is therefore not liable for any speech or actions of other players that the company failed to prevent. The Rules and Policies are located at http://cms.furcadia.com/help/tosrules/useragreement
VII. Parental Guidance
Many, but not all, areas of Furcadia are suited for players of all ages. Each map has a "Standard" assigned to it. This Standard, which functions similar to a traditional rating, outlines the expected content and behavior of the zone. Details can be found at: http://cms.furcadia.com/help/tosrules/standards. We recommend that concerned parents take a look around Furcadia themselves, either with your children or by yourself beforehand, to see what kinds of things your children may see and hear in the game. (Many parents come back again just to enjoy the game - Furcadia is meant to appeal to people of all ages.) Children under the age of 13 may play Furcadia only under direct supervision of a parent or their legal guardian. Dragon's Eye provides a Parental Control utility as part of the Software package that parents may use to keep children out of certain areas. You may find the Parental Controls in the configurations utility (config.exe) program, located in your Furcadia Software folder. While Dragon's Eye may choose to monitor and take action upon inappropriate use of the Service, chat or links, it is possible that at any time there may be language or other material accessible on or through the Service that may be inappropriate for children or offensive to some users of any age. Dragon's Eye does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player. Children younger than thirteen (13) years of age may not use the Service without parental supervision. If you wish them to have any in-game premium items or services, these must be purchased for them by a parent or other individual old enough to make purchases. If you buy items for a child under the age of 13, they will not be able to use the in-game commands to trade it or give it away, to keep them from being tricked or taken advantage of by other players. Parents and guardians are fully responsible for any purchases their children (under the age of 18 or have special needs) make.
You acknowledge that you have no guarantee of privacy regarding the communications you make on the Furcadia service, the Furcadia web site, associated message boards and the social media sites. While Dragon's Eye does not routinely monitor conversations between players or private messages sent between them, our staff may from time to time see such messages in the course of debugging, or of investigating security problems and rule violations. In addition, Dragon's Eye provides no guarantee that other players won't spy on you, using means as advanced as tricking you into installing a trojan on your computer, or as simple as hiding behind a tree in the game and listening to you talking to a friend undetected. You also consent to the extraction of hardware system profile data and any data related to operation of the software through the Service from any computer that logs on to the Service using your account.
IX. Disclaimer of Warranty.
To the maximum extent allowed by law, Dragon's Eye, associated individuals and companies do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Service. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained there from. You expressly agree that use of the service and the Software is at your sole risk. The Service and the software are provided on an "as is" and "as available" basis. Unless such warranties are legally incapable of exclusion, Dragon's Eye and associated individuals and companies disclaim all implied warranties and conditions, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade, regarding the Service, the software, and the Internet. Dragon's Eye, associated individuals and companies assume no responsibility for any damages suffered by you, including, but not limited to, loss of data or characters from delays, no deliveries, errors, system down time, mis-deliveries or service interruptions caused by Dragon's Eye, associated individuals and companies, or by your or any other player's own errors and omissions. Dragon's Eye makes no warranty with respect to any related software or hardware used or provided by Dragon's Eye in connection with the Service.
X. Limitation of Liability
You acknowledge and agree that Dragon's Eye, associated individuals and companies do not assume or bear any liability for any action by Dragon's Eye, associated individuals and companies, or its Content Providers or other players with respect to conduct, communication, or content on the Service or the software. Dragon's Eye, associated individuals and companies shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages in connection with the software or the Service. Because some states do not allow the exclusion or limitation of liability for certain damages, in such states Dragon's Eye, associated individuals' and companies' liability is limited to the extent permitted by law.
You agree to defend, indemnify and hold harmless Dragon's Eye, associated individuals and companies, distributors, Content Providers and other players of the Service, from all liabilities, claims and expenses, including attorneys' fees, arising from any breach of this or any other agreement by you. Dragon's Eye reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
XII. Termination of Accounts
You may terminate your account at any time without further obligation. To achieve this, you must discontinue using your account and the characters on it, and remove the software from your system. Dragon's Eye reserves the right to terminate the Service at any time without further obligation to you. If your account is terminated or temporarily suspended at any time for any reason, you agree to the following: (i) you will not be entitled to any refund or proration of any fees or unused time for subscriptions or special items; (ii) you will lose use of any characters developed and you will not have the right to transfer, sell or assign any characters or special items to anyone else; (iii) you may not access the service in any manner or for any reason, including via any other computer without express permission from Dragon's Eye. In the event that an account is permanently terminated, Dragon's Eye reserves the right to terminate any other accounts that are owned or used by the same player.
XIII. E-Mail Addresses
From time to time, Dragon's Eye will send you a Newsletter or Furcadia-related information to your registered e-mail address. You agree to the use of your e-mail address for this purpose. Dragon's Eye will not share or sell your address with other services or companies, and you will not receive any communication from Dragon's Eye that is not directly related to Furcadia, Dragon's Eye, the software or the Service.
XIV. General Provisions
You and Dragon's Eye agree that neither party will seek remedies for any breaches of this agreement or other disputes by filing suit in civil court, but will instead submit any such matters that arise to binding arbitration in Austin, Texas. Both parties agree to accept and abide by the decision made by the arbiter in such cases, and to equally split the payment of any fees charged by the arbiter, unless the arbiter should decide that the party at fault must pay the entire fee.