TERMS OF SERVICE
Last updated: Jun. 25, 2014
YOU SHOULDCAREFULLY READ THE FOLLOWING RAYCREATOR INC CO., LIMITED (RAYCREATOR) TERMS OFSERVICE. YOU’RE USE OF OUR SERVICES AND WEBSITE CONSTITUTES YOUR AGREEMENT TOTHESE TERMS, CONDITIONS, AND OUR POLICIES AND NOTICES (THE "AGREEMENT). IFYOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU ARE NOT PERMITTED TOUSE, CONTINUE TO USE, ACCESS, OR CONTINUE TO ACCESS OUR SERVICES AND WEBSITE.
Welcome to the website and services ofRaycreator Inc Co., Limited "RAYCREATOR’s Website" is www.RAYCREATOR.com and other Internet sites on which these terms of servicesare posted. RAYCREATOR and any and all entities that control, are controlled by,or are affiliated or under common control with RAYCREATOR are collectivelyreferred to here in as "we," "us" or "our". Allsoftware, products, websites, games and services made available or offered byor through our website or subsites offered to you, the user, by RAYCREATOR andits services Providers, licensors, and suppliers (our "Third Party Providers)are subject to your acceptance without modification of these terms. Your use ofour services and website is subject to the Terms of Service and the End UserLicense Agreement (the "EULA"), incorporated herein by thisreference, both of which you must accept before you can use any of our servicesor website. Please print out a copy of this Agreement for your records. It isyour responsibility to regularly check this Website to determine if there havebeen changes to these Terms of Service and to review such changes.
This Agreement is applicable only to theservices and website as provided by us and not on other services or websites onthe World Wide Web. Should you click on a link that references you to anothersite not owned or operated by us, you should consult the outside sources legaldocuments before continued use.
You acknowledge and agree that you shallhave no ownership over your account and characters associated with the account.Also, you agree and acknowledge that you shall not own any virtual entitiesthat embody your characters or account in our services and website. Users, assuch, are only borrowing an account, characters or virtual avatars from us andacknowledge and agree that the users accounts and other related objects areon loan from us. As a consequence, RAYCREATOR, at any time, may delete orterminate without notice or refund any accounts that are fraudulent or havebreached this or other agreements as listed by us.
As accounts, characters, and other relatedvirtual objects are on loan from RAYCREATOR, users cannot sell, barter, or tradetheir accounts, characters, and other related objects for real currencies orvirtual currencies whether real or conceived. If a user tries to sell theiraccounts, proper actions will be taken against said account including but notlimited to account termination without notice or refund.
As accounts, characters, and other relatedvirtual objects are on loan from RAYCREATOR, users are explicitly forbidden fromsharing accounts with other users. If an account is shared between users,RAYCREATOR reserves the right to terminate the account without notice or refund.
2. Virtual Goods
Within our games and services, RAYCREATORuses a virtual form of currency so users may purchase virtual items or servicesduring their time of use. Also, any items or objects or currencies held withinour games or services are collectively known as "virtual goods. Thesevirtual goods are used by the users in our services and sites. Any virtualcurrencies purchased by you, the user, from our services, through legal means,shall use this virtual currency to purchase other virtual goods and services asoffered by us. Users are warned and advised against purchasing virtual goods orvirtual currencies from other individuals or companies that are notrepresentative of, related to, or legally owned by RAYCREATOR and our ThirdParty vendors.
You acknowledge and agree that you shallhave no ownership over any virtual goods or virtual currencies and said itemsare on loan from our services. As a consequence, RAYCREATOR, at any time, maydelete or remove any virtual items obtained illegally, those that have an errorin their coding, or virtual goods that are temporary items. Also, accounts thathave been terminated can have all virtual goods removed from the accountwithout refund.
As virtual goods and other virtualcurrencies are on loan from RAYCREATOR, users cannot sell their virtual goodsfor real currencies. Any users caught selling virtual goods or virtualcurrencies as used by our services, will have their accounts terminated,without warning, and all virtual items will be removed from our services,whether that item still remains on the sellers account or if the item has beentransferred to the purchasers account. If the item was purchased using realmoney, the purchaser does not legally own the virtual good or virtual currencyand does not have legal right to ownership. As such RAYCREATOR can remove theitem from the purchasers account without notice or refund.
3. Public Communication Services
Before using any of our services, websiteor public communication services, please carefully read and review our policiesconcerning user generated content.
RAYCREATOR offers several services such asforums, profile pages, blogs, and chat rooms (collectively known as"Public Communication Services). We offer these services to allow ourcompany and our Third Party Providers a chance to communicate with our usersand also allow open communication between our users. You acknowledge that theuse of our public communication features is for public use and not privatecommunications. Also, you acknowledge that you will not use these publiccommunication services to solicit, sell, or advertise any products, news, orservices, unless expressedly permitted in writing from our company.
When using these public communicationservices we cannot guarantee the security of or privacy of any information orcommunications sent and received between users. It is the responsibility of theusers to protect their personal information. We assume no responsibility in anyleak of personal information when users choose to display their information inthese services.
We are not responsible for, nor do weendorse, any information, opinions, technical tips, or other advice posted ortransmitted by any users in any of our Public Communication services. We do notclaim any liability connected with any submissions if not posted orspecifically written by our company.
RAYCREATOR and our Third Party Providershave no obligation to monitor or supervise any public communication services,however we reserve the right to monitor and supervise all services, website,and public communication services. RAYCREATOR also has the right, in our solediscretion, to supervise, monitor, edit, screen, block, remove, and refuse topost or transmit any user generated content, in part or in whole.
Rules and Code of Conduct
The Rules and Code of Conduct applies toall of our services, website, and public communication services. Youacknowledge that it is your responsibility to understand and adhere to theRules and Code of Conduct.
i. Community Rules of Conduct
The terms listed below are notall-inclusive, and are subject to change without notice. Exceptions to theseGuidelines may be made on a case-by-case basis, depending on what is in thebest interests of the community as a whole.
1. Play nice. Do not personally attackanother poster. Dont try to make another users life difficult. If youdisagree with an opinion or idea, there is no reason to become hostile.
2. Keep it clean. Posts containing vulgar,obscene, or otherwise generally unacceptable material will be summarily removedand a warning will be issued. This includes any material that can be construedas racist or illegal, and covers racial slang/pornography/copyrightviolations/etc. In addition, for the benefit of all, no discussion on religionand politics will be allowed. Direct links to any of the above count as well,as do attempts to sneak around the censor filter.
3. Do not discuss topics that are in directviolation of a games TERMS OF SERVICE or EULA. This also includes discussionin violation of any Non Disclosure Agreement ("NDA") a title orplayer may be under.
4. No trolling allowed. While the basicidea of just what trolling is can vary from case to case, it is generallyaccepted that trolling is posting in a manner intended to anger or insultanother poster or posters. Behavior of this sort is frowned upon and will bedealt with accordingly.
5. Do post constructively. Any posts thatdo 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 withoutusing the search function first, ranting in every thread, etc. Also messagesconsisting of posting in a manner that could be considered "baiting ofanother poster.
6. Please keep posts related to the topicat hand. While some discussions will naturally morph into related topics,purposefully derailing a conversation will not be tolerated.
7. Moderators or Guest ServiceRepresentatives decisions are not to be publically discussed “likewisefor service correspondence without explicit permission from the staff member.Should you have a comment, concern, question or issue, use the private messagefeature to contact a moderator or administrator. Furthermore, if you believe apost 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 moderatorprivately. In addition, altering or editing a staff member’s message or postedit is also forbidden.
8. Private messages shall be kept privateunless a user has expressedly written consent of the author of said message(s)to publicly post the information contained therein.
9. Bugs, exploits, bots, hacks, or"cheats in any form are not acceptable topics to be posted on theseforums. Should you find a non-abusive bug pertaining to any of the RAYCREATORENTERTAINMENT LIMITED products, please contact us directly via the supportsystem. For exploits and other such cheats, please make immediate use of thesupport ticket system.
10. No account hopping to evade suspensionor other such penalties. You are personally responsible for your conduct on theforums and in game. If you create a new account to continue bad behaviorbecause another account was suspended, any accounts involved will bepermanently revoked. Disciplinary actions such as forum suspension apply to aperson, not a specific account. This also includes posting by proxy or onbehalf of a
ii. Gameplay Rules of Conduct
Our company and Third Party Providersprimary concern is the enjoyment of our users while they make use of our services.We take extreme measures in ensuring a fair and enjoyable playtime. However,some acts may go beyond normal means or gameplay and are considered violationof our TERMS OF SERVICE. These acts include, but are not limited to:
1. Any conduct that is strictly forbiddenby these TERMS OF SERVICE, our EULA, or any other document that states ourrules.
2. Impersonating a staff member orofficial, or a representative of our company and/or Third Party Providers.
3. Using or exploiting bugs (errors incoding or game design flaws).
4. Using, creating, sharing, or solicitingany Third Party programs that creates an unfair advantage or disadvantage toany users in our services.
5. Soliciting, selling, or advertising anyservices, any virtual goods or virtual currency exchanges.
6. Transmitting of or facilitation oftransmitting any unsolicited advertising, junk mail, chain letters, spam,pyramid schemes, get rich quick schemes, or any other form of solicitation.
7. Violating any laws whether applicable tolocal, state, national, or international laws, rules or regulations, whetherintentionally or unintentionally.
iii. Account, Nickname, Character, andGuild (Clan/Alliance) Naming Policies
Players may be required to supply anaccount name and nickname to fully use our services, sites, and other featuresas offered by RAYCREATOR. Also, users may create characters in our games as wellas form guilds or clans. While we want players to have the freedom to givenames to each, some names may be deemed inappropriate and as such will beconsidered in violation of our TERMS OF SERVICE. Such names that are notallowed, but not limited to, are listed below:
1. Any names that employs the use of vulgarlanguage which are otherwise offensive, defamatory, racist, obscene, hateful,or racially, ethnically or otherwise unacceptable.
2. Any names of another person or staffmember with the intent to impersonate that person or staff member including, butnot limited to:
a. Game Master
e. Staff Member
3. Any names that contain trademarked orcopyrighted brand names.
4. Any names that contain religiousfigures, deities, or representatives of any religions.
5. Any names that contain complete orpartial sentences.
6. Any names that are related to drugs,sex, alcohol, illegal substances, or illegal or criminal activity.
7. Any names that contain or are entirelygibberish.
8. Any names that reference to realpersons, pop culture icons or personas.
9. User Generated Content, User GeneratedSubmissions and Intellectual Property
All content, games and other informationoffered in our website or services are subject to copyright and trademark protections.
Any and all content submitted by users byuploading or transmitting to our services, sites, and public communicationservices, shall be considered, and remain, the property of RAYCREATOR and/or itsThird Party Providers from the moment the information or content is transmittedor uploaded. Hence, RAYCREATOR and/or its Third Party Providers shall have soleownership of all now known and henceforth copyrights and all other intellectualproperty rights to ALL USER GENERATED CONTENT of every kind, ad infinitum. Youacknowledge that RAYCREATOR and/or its Third Party Providers shall beirretrievably entitled to use, modify, adapt, publish, reproduce, license,sell, or otherwise change in any way, shape or form in any medium, withoutcompensation or credit to the user that provided the content. You alsorelinquish any rights or claims that any use by our company or Third PartyProviders of any User Generated content violates any of your rights, includingbut not limited to privacy, morality, proprietary, religious or other rightsand/or rights to credit for any content or ideas, ad infinitum.
a. Fan sites
i. RAYCREATOR may, in connection with yourfansite, grant you, on a non-exclusive and non-licensable basis, permission toredistribute or reproduce, on the fansite only, to end users, certain contentsuch as game-related images, artwork, graphics, and trademarked logos so longas your fansite complies with all conditions described here in our Terms ofService.
ii. You agree to include our trademarks,copyright or other proprietary notices when displaying any content from oursites and services as well as our Third Party Providers.
iii. As the owner of a unaffiliatedwebsite, that is solely independent from our company, you will have solecontrol over all content and be responsible for any and all information,designs, ideas, and content uploaded and transmitted to your site. As such, wereserve the right to refuse the use of any of our content if the fansite iscomprised of, houses, or harbors any slander or libel about RAYCREATOR, itsThird Party Providers, Employees, Officers or any officially relatedpartnerships with RAYCREATOR.
iv. You agree to not charge subscriptionfees without the written permission or license agreement with our company. Youalso agree to not generate revenue from the fansite without our writtenpermission from our company or mutual license agreement. You may not use anylimited permission content for your fansite in such circumstances unless wegive written permission or through a mutual license agreement.
i. We may, from time to time, ask forfeedback in ways of polls, posts, or e-mails ("Feedback). We welcomeall comments and information regarding our sites and services. However, unlesswe 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 anyfeedback and input you may have, we request that any specific feedback givendoes not contain User Generated Submissions.
ii. Any and all User Generated Submissionsthat you send to our company, whether at our specific request or despite ourprevious request to not submit User Generated Submissions, and along with allLicensed Content shall become and remain, ad infinitum, the property of ourcompany from the moment of creation.
iii. You acknowledge that RAYCREATOR and/orits Third Party Providers shall be irretrievably entitled to use, modify,adapt, publish, reproduce, license, sell, or otherwise change in any way, shapeor form in any medium, without compensation or credit to the user that providedthe content. You also relinquish any rights or claims that any use by ourcompany or Third Party Providers of any User Generated Submissions violates anyof your rights, including but not limited to privacy, morality, proprietary,religious or other rights and/or rights to credit for any content or ideas, adinfinitum.
NEITHER RAYCREATOR, RAYCREATOR'S THIRD PARTYPROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING ORDISTRIBUTING ANY CONTENT OR SERVICES CONTAINED FROM AND HOUSE IN OUR SERVICESAND WEBSITE, NOR ANY OF OUR EMPLOYEES, RESPECTIVE DIRECTORS, OFFICERS,VOLUNTEERS OR OTHER AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION,THAT OUR SERVICES AND WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANYDEFECTS WILL BE CORRECTED, OR THAT OUR GAMES OR SERVICES ARE FREE OF VIRUSES OROTHER HARMFUL COMPONENTS.
a. Limitation of Liability
Neither RAYCREATOR nor its Third PartyProviders or Affiliates shall be held liable in any way, shape or form, for anydamages or losses of any kind, whatsoever. In no event will RAYCREATOR, ourthird party Providers, employees, officers, directors, volunteers or otheragents involved in our services and sites, be liable for any indirect, direct,implied, not implied, incidental, special or consequential damages arising outof or related to:
i. The use or inability to use any sites orservices we provide;
ii. The use, by you, of any browser orsoftware owned or operated by any party;
iii. The downloading of any of our softwareas offered by RAYCREATOR, our Third Party Providers, or our affiliates.
While using our sites or services there maybe links available that will take users outside of our sites and services toother sites or services that are beyond our control. These links may be in theform of:
i. Text links
v. User-Provided Links
You acknowledge that when you click on anyof these links that are mentioned in this section, the sites you are taken toare under separate Terms of Service and Privacy Policies, and we are notresponsible for such sites and services that are not provided by us. We cannotbe held responsible for any information, products, services, or sites thatusers are sent to by these links and as such we highly advise our users toinvestigate other website legal documents before continued use. If you feela link may cause malicious problems with computers and privacy issues, pleaseinform us at service [@] RAYCREATOR.com (Please remove the brackets and spacesbetween support, the @ symbol, and RAYCREATOR.com). However, we assume noresponsibility in any links, whatsoever, nor make any implications ofobligation toward the warning or removal of links that cause maliciousproblems, whether they are known or unknown to our company.
6. Security of Account
RAYCREATOR reserves the right to not refundany and all purchases made by users of our Virtual Goods, including but notlimited, to purchases of our virtual currency and items that are downloadableor were obtained using our virtual currency.
8. Account Termination and DisputeResolution
RAYCREATOR, as owners of all accounts, mayand reserves the right to terminate any and all accounts without notice. We mayalso block your continued use of our sites and services. If you are the ownerof a terminated account, you are not allowed to view, use, change, modify,re-sell, or access any sites or services provided by RAYCREATOR. You acknowledgeand understand that if your account is terminated for a breach of our Terms ofService or any other legal documents that require acknowledgement and acceptance,you will not be allowed to contact our support team to dispute a resolution.Any accounts that have been terminated due to breach of contract will not besubject for any refunds and the user will incur all fees based off of chargedisputes we receive from the account owners financial institutions orestablishments.
RAYCREATOR also reserves the right toterminate any accounts that share common identifiable information such as, butnot limited, to I.P. address, without notice.
9. Governing Law
You agree that actions of law are onlyapplicable to local and national laws in which RAYCREATOR ENTERTAINMENT LIMITEDis headquartered in, without regard to choice of law principles, in which thisAgreement shall be construed under. The application of the United Nationsconvention on Contracts for International Sale of Goods is excluded.
10. Amendment Clause
At any time, RAYCREATOR may amend or makechanges to these Terms of Service, including but not limited to, modification,deletion and/or additions of any portion, section, or the Terms of Service inits entirety without notice. However, we will display the date this documentwas last modified. We do, however, reserve the right to e-mail any notificationof changes made.
You acknowledge and agree to indemnify andhold RAYCREATOR, our Third Party Providers, Employees, Affiliates, Officers,Respective Directors, Volunteers or Partners ("Company), harmless, fromagainst any and all liability and costs including, but not limited to, courtfees, attorneys fees, or other fees incurred by the Company in connectionwith any claim arising from:
a. Any breach by you, the user, of theAgreement or any representations, covenants and/or warranties contained in thisdocument.
b. Your use of our sites and services,including but not limited to, your account and all of our other services andfeatures.
12. Other conditions
If any condition of these Terms of Serviceshall be unlawful, or void, then that condition shall be deemed severable fromthis Agreement and shall not affect the validity and enforceability of anyremaining conditions. This Terms of Service Agreement is the complete,exclusive, and all inclusive statement of the agreement between you, the user,and our Company concerning any services and website we provide. As such, thisAgreement supersedes and any other prior or simultaneous agreement, eitherwritten or oral, and any other agreements or communications with regard heretobetween you, the user, and our Company; provided, however that these Terms ofService is in addition to, and does not replace or supplant, our EULA andPrivacy Policies. This Agreement may only be modified as set forth in thistime. The section headings used in this Agreement are for reference points andshall have none, whatsoever, legal bearings or effects on this document.
13. Acknowledgements and Requirements ofAcceptance
I HEREBY ACKNOWLEDGE THAT I HAVE READ,UNDERSTAND, AND ACCEPT THE ABOVEMENTIONED TERMS OF SERVICE AGREEMENT AND AGREETHAT MY USE OF RAYCREATORS SERVICES AND WEBSITE, AS PROVIDED BY RAYCREATOR, ISAN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OFTHIS TERMS OF SERVICE AGREEMENT.