xynNet - xynNet OT
Terms of Service(“ToS”)
2024-05-03 - 07:00:00
1. Acceptance of ToS
1.1 Agreement to ToS
By accessing or using xynNet OT, a digital interactive entertainment experience (branching from CipSoft's Tibia, into an Open-Tibia server through a distribution of OTServBR/Canary)
developed and operated by xynNet, or any associated content, services, features, technologies, or functions offered on our website or through any other means (collectively, the “Game”), you, the user, agree to be bound by
(a) these Terms of Service(“ToS” or “Terms”);
(b) our Privacy Policy, found (here);
(c) any additional terms and conditions and policies referenced herein and/or available by hyperlink.
These ToS form a legally binding agreement between you and xynNet, and if you do not agree to them, you must not use our services.
1.2 Modification of ToS
xynNet reserves the right, at its sole discretion, to modify, add, or remove portions of these ToS at any time and without prior notice.
Please review these ToS periodically for changes.
Your continued use of the Game after the implementation of changes constitutes your acknowledgment and acceptance of the amended ToS.
We will post the most current version of the ToS on our website, along with the effective date of the updated ToS.
1.3 Legal Capacity
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the agreements, conditions, obligations,
affirmations, representations, and warranties set forth in these ToS, and to abide by and comply with these ToS.
In any case, you affirm that you are over the age of 13, as the Game is not intended for children under 13.
If you are under 13 years of age, you must not use or access the Game at any time or in any manner.
1.4 Accessibility
While we strive to ensure the Game is accessible to all, we cannot guarantee that all aspects of the Game, though we wish to, will be accessible to individuals certain conditions.
We are committed to continually improving accessibility and welcome feedback from users to improve the user experience.
2. User Conduct
2.1 Responsible Use
You agree to use xynNet OT responsibly and to respect the rights and dignity of other users.
This includes refraining from engaging in behavior that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, or in a manner that otherwise breaches the normative rules of respectful communication.
2.2 Prohibited Activities
You are prohibited from:
(1)Using xynNet OT to conduct any form of illegal activity, including but not limited to fraud, theft, or distribution of illegal substances.
(2)Engaging in activities that intentionally harm the experience or operation of xynNet OT for other users, such as spreading malware, excessively loading services, or attempting unauthorized access to other accounts or xynNet infrastructure.
(3)Exploiting, distributing, or publicly informing other users of any game bug or glitch for personal gain or to the detriment of the overall user experience.
(4)Using third-party software that modifies the xynNet OT gameplay or any software not expressly authorized by xynNet, including bots, mods, macros, or hacks that provide an unfair advantage or disrupt the game experience.
(5)Engaging in any form of cheating which includes, but is not limited to, manipulating game software or using unapproved methods to alter game outcomes or statistics.
(6)Bullying, harassing, or making threats against other players or staff members. This includes any behavior that is intended to disturb, upset, or emotionally harm community members.
(7)Impersonating any staff member, representative, or another player with deceptive or fraudulent intent.
(8)Intentionally disrupting the gameplay experience of other players in forms of griefing or ruining the game experience.
(9)Engaging in the sale or trade of game items or accounts for real-world currency or other forms of real-world compensation without the explicit authorization of xynNet.
xynNet reserves the right to at any time and in any way, not necessarily in this ToS, make additions to these prohibitions to be able to enforce their standards and laws.
2.3 Contribution to Content
Any content you contribute to the game, whether in the form of comments, posts, messages, images, or other participatory media, must adhere to these ToS and respect copyright, decency, and privacy laws.
xynNet reserves the right to remove any content that violates these standards or that is deemed inappropriate without prior notice.
2.4 Compliance with Enforcement Actions
Failure to comply with these standards may result in temporary or permanent suspension of access to xynNet OT and other xynNet services.
Further legal action may be taken for severe violations.
3. Intellectual Property Rights
3.1 Ownership
All rights, title, and interest in and to the xynNet OT (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork,
animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using xynNet OT, and the xynNet OT client and server software)
are owned by xynNet or its licensors(CipSoft and/or the developers of OTServBR/Canary).
This service is protected by copyright laws, international copyright treaties, and other intellectual property laws and protections.
3.2 Use of Content
xynNet grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the content provided by xynNet OT solely for your non-commercial entertainment purposes while accessing and using the game.
This license does not convey any rights of ownership in or to the content and is not a sale of any rights in the game.
3.3 User Generated Content
When you contribute content to xynNet OT, you grant xynNet a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, and display such content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.
3.4 Copyright Infringement
If you believe that your copyright has been infringed by material on xynNet OT, you may send us a written notice that includes the following information:
1. An electronic or physical signature of a person authorized to act on the behalf of the copyright owner:
2. Identification of the copyrighted work that you claim has been infringed:
3. Identification of the material that is claimed to be infringing and where it is located on the Service:
4. Information reasonably sufficient to permit xynNet to contact you, such as your address, telephone number, and e-mail address:
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law:
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on the behalf of the owner.
The above information must be submitted to the following agent per e-mail:
xyn@xynnet.com
3.5 Trademarks
The logos, names, and other brand marks of xynNet and xynNet OT are trademarks of xynNet, unless stated otherwise.
You may not use or display such trademarks in any manner, except as expressly permitted in these Terms.
All other trademarks not owned by xynNet that appear in this service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by xynNet.
4. Termination
4.1 Termination by User
You may terminate your agreement with xynNet at any time by discontinuing your use of xynNet OT and deactivating your account if applicable. Please contact us at:
admin@xynnet.com
for instructions on how to deactivate your account.
4.2 Termination by xynNet
xynNet may terminate your access to all or any part of xynNet OT at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever, including but not limited to a breach of these Terms.
We reserve the right to suspend or terminate your account and prevent access to the Game for any reason, at our discretion.
4.3 Effects of Termination
Upon termination of your access to the service, your right to use the service will immediately cease.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
4.4 No Liability for Termination
xynNet shall not be liable to you or any third-party for any termination of your access to xynNet OT.
5. Disclaimers
xynNet OT is provided "as is" and "as available" and without warranties of any kind, either express or implied.
xynNet expressly disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that xynNet OT will be uninterrupted or error-free, that defects will be corrected, or that the Game or the server that makes it available are free of viruses or other harmful components.
6. Limitation of Liability
In no event will xynNet, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
(i) your access to or use of or inability to access or use xynNet OT;
(ii) any conduct or content of any third party on xynNet OT;
(iii) any content obtained from xynNet OT;
(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage,
and even if a remedy set forth herein is found to have failed of its essential purpose.
7. Dispute Resolution
7.1 Exclusive Final Decision Maker
By using xynNet OT, you agree that xynNet, at its sole discretion, shall serve as the final arbiter on any and all disputes arising out of or related to your use of xynNet OT or any services provided by xynNet.
As such, xynNet will have the authority to make the final decision regarding the interpretation of these Terms of Service, the appropriate remedies for breaches, and the determination of liability or damages.
7.2 Binding Nature of Decisions
You acknowledge and agree that all decisions rendered by xynNet are final and binding.
You waive any right to challenge or dispute the accuracy, fairness, or appropriateness of any decision made by xynNet in relation to any dispute.
7.3 Waiver of Legal Recourse
In recognition of xynNet's role as final arbiter, you waive any right to seek judicial or other external avenues of recourse against decisions made by xynNet.
This waiver includes, but is not limited to, litigation or arbitration outside of the procedures established by xynNet.
7.4 Consent to Terms
By agreeing to these Terms, you expressly acknowledge that you understand and consent to xynNet's sole authority to resolve disputes as described above, which may otherwise limit your rights, including your right to bring a lawsuit or court proceeding.
8. General Provisions
8.1 Entire Agreement
These Terms of Service, together with the Privacy Policy and any other legal notices published by xynNet on the platform, shall constitute the entire agreement between you and xynNet concerning xynNet OT.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
8.2 No Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and xynNet's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
8.3 Amendment
xynNet reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes.
Your use of xynNet OT following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
8.4 Contact Information
If you have any questions about these Terms, please contact us at:
admin@xynnet.com
By providing this contact information, we ensure transparency and maintain open channels for communication, reinforcing our commitment to user satisfaction and support.
9. Acknowledgment
By using xynNet OT, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
You recognize that xynNet may enforce these Terms at its sole discretion, thereby affecting your access to and use of xynNet OT.
You recognize that by using our services you automatically accept these Terms, as well as the Privacy Policy.