Remnants of Skystone
Terms of Use

Last updated: June 15, 2010

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE GAME.

 

Introduction and Definitions
Welcome to Remnants of Skystone™, developed and presented by Flipline IDS LLC.
Within these Terms of Use, the “Game” shall refer to Remnants of Skystone™.  The terms “Flipline”, “Flipline Studios”, the “Company”, “we”, “our”, and “us” shall refer to Flipline IDS LLC.

The term “Virtual Items” shall refer to any items earned within the Game, or purchased within the Game using in-game currency or by micro-transaction.  The term “Subscription” shall refer to the in-game feature where access to specific additional content is provided on a time-based access after purchasing via micro-transaction (within the Game it is often referred to as the “Nidarian Guard”).

The term “banning” shall refer to disallowing access to your account within the Game, either temporarily or permanently.  “Account termination” shall refer to a permanent banning of your account, and may include the deletion and termination of any account information, data, Virtual Items, and Subscription features.

Acceptance
Your use and/or continued use of the Game constitutes acceptance in full of these Terms of Use and all of Flipline’s rules and restrictions related to the Game.  If you do not understand and accept these Terms of Use, do not use the Game.

Changes to Terms of Use
Flipline reserves the right to modify these Terms of Use at any time, without notice and without liability.  You agree to review these Terms of Use on a regular basis, and your continued use of the Game will be constituted as acceptance of these changes in Terms of Use.

Grant of Limited Use
Subject to your acceptance of these Terms of Use, you may use the Game solely for your own non-commercial entertainment purposes.

Usage Limitations
You hereby acknowledge and agree to abide by the following usage limitations.  Any use of the Game in violation of these limitations is grounds for account banning or termination at our discretion.

Changes and Updates
We reserve the right at any time to make changes to the Game, including modifying, adding to, or discontinuing any content, data, or feature contained within the Game.  We also reserve the right to change any fees or charges, if any, that relate the Game, Virtual Items, or Subscriptions as necessary at our discretion.

Functioning of the Game
We may need to suspend operation of the Game without notice for updates, repair, maintenance, improvements, or other reasons.  If this occurs, we will attempt to resume operation of the Game as soon as possible.  We also cannot guarantee that the Game will function on all computers, operating systems, browsers, or connection services.

Your Account
You must have a valid and active user account with Kongregate to access the Game.  The Game may not and cannot be played unless using a valid and active Kongregate account (aside from character creation and training as a “Guest”).  Any game data, progress, Virtual Items, and Subscriptions (constituting your “Game Account”) are tied to your Kongregate account, and cannot be access or transferred if your Kongregate account is closed, banned, or terminated.

You hereby agree that you shall have no ownership or other property interest in your Game Account, including any Virtual Items or Subscriptions related to your Game Account, and acknowledge and agree that ownership of your Game Account is retained by Flipline.

Code of Conduct
When playing the Game, you agree to abide by the following rules.  Your conduct within the Game may be monitored or moderated by Flipline, Kongregate, or in-game Moderators (collectively referred to here as “mods”).  This Code of Conduct is merely a guideline and is not exhaustive; mods may deem additional conduct inappropriate at their sole discretion.

Unless otherwise noted, the following rules apply to usage in any area of the Game, including chatting in all respects, co-op requests, leaving messages for others, and naming of characters within the Game.

Punishment
Violating the Code of Conduct listed above, or engaging in any conduct deemed inappropriate by mods, may be grounds for temporary or permanent punishment within the game.  Some offenses may result in a temporary Silencing in the Game, in which you can still access and play the Game, but you will not be able to chat with others, leave messages, or initiate a co-op request.  The timeframe of your Silencing may vary, and may relate to the severity of your violation at the sole discretion of Flipline and mods.  Minor offenses will often result in a 10-minute to 1-hour Silencing, with major or repeat offenses resulting in a 24-hour Silencing.

At the sole discretion of Flipline and/or the mods, violations may also result in a temporary or permanent ban from the Game.  Banning is generally reserved for major or repeat offenses, during which time you will not be able to play or access the Game in any way.  Once a ban has ended (if it was temporary), or if the ban has been lifted, you will regain access to the Game. 

In extreme cases, Flipline reserves the right for account termination.  This includes permanently deleting any and all content, data, Virtual Items, and Subscription time relating to the account, which cannot be recovered.

Monitoring and Moderation
We reserve the right to monitor your activity within the Game, which includes without limitation interaction with other users, game-play actions, progress within the game, purchases of Virtual Items and Subscriptions, and any attempts to alter, hack, or subvert the systems used by the Game.  We do not guarantee that we will monitor and moderate all content however, and a number of in-game functions are available for players for their own level of moderation.  These tools include the “Mute” function available on player profiles, limiting access to Floats and Co-op via the Options menu, and deleting messages from the Display Case.

User Content
Character names, character actions, and content displayed within chat, messages, co-op requests, and display cases are created by our users and not by Flipline.  We cannot be held accountable for any information or content displayed in these areas, and reserve the right to modify, moderate, or delete inappropriate content at our discretion.

Ownership of Content
Unless otherwise noted, all materials included within and relating to the Game, including without limitation: graphics; layout; artwork; text; information; images;  audio; video;  animation; design; logos; trade names and marks; any and all copyrightable material including source and object code; and all other materials relating to the Game (at the exception of any logos, marks, services, code, and content owned by Kongregate) are owned or licensed by Flipline and are protected from unauthorized use, copying, and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations, and international treaties.  Your ability to use the Game and its content is governed by these Terms of Use.

You agree that ownership of your Game Account is retained by Flipline, which includes without limitation any and all data, content, and Virtual Items, and that you have no right, title, or ownership of these items.

Disclaimers, Limitations, Waivers of Liability
TO THE MAXIMUM EXTEND OF THE LAW, FLIPLINE, ITS AFFILIATES, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR USE, AND NON-INFRINGEMENT. THE GAME AND ANY RELATED SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND FLIPLINE MAKES NO WARRANTY OF PERFORMANCE OR QUALITY, THAT THE GAME OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ERRORS OR DEFECTS WILL BE CORRECTED.  SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL FLIPLINE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS GAME, NOR SHALL FLIPLINE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND FLIPLINE’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, TERRORISM, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE GAME’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL FLIPLINE’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification
You agree to defend, indemnify and hold harmless Flipline, its affiliates, and licensors from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Game and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms of Use. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Game.

Miscellaneous
Flipline hereby reserves any rights not expressly granted herein.

This Agreement will be governed by and construed in accordance with the internal laws of the State of Ohio. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

By playing the Game on the Kongregate website, you are additionally bound by the Kongregate Terms of Use (found here).  By purchasing any Virtual Items or Subscription via micro-transaction, you are additionally bound by the Kongregate Terms of Sale (found here).