• Terms Of Service

    Terms Of Service


    Terms of Service Agreement Updated August 13, 2012

    1. Terms Of Agreement:

    Welcome to Xsyon!

    Xsyon (the "Service") is an interactive multiplayer online game world provided by Notorious Games, a Nevada LLC. The Xsyon proprietary Game Client (the "Software") can be obtained as a free online download under the conditions of this agreement and is required for your usage of the Service.

    You must carefully read the following Xsyon Terms of Service Agreement. In order to access the online game world, you must Accept all the terms of this agreement. If you Decline this agreement you will not be permitted to obtain a license or create a user account to use the Xsyon Software and Service.

    By accepting this agreement you will no longer be eligible for a refund.

    Your creation of a Xsyon online account and use of the Software and the Service constitutes your agreement to be bound by all terms and conditions put forth in this Terms of Service document and to comply with the established Rules of Conduct.

    By accepting this agreement you accept and understand that the Service is provided "AS IS" and is in a constant state of development and evolution. The experience of the online game will change over time.

    Notorious Games may, in its sole discretion, amend and modify this agreement from time to time. By accepting this End User License Agreement, you agree to the current Terms of Service and Rules of Conduct, effective immediately upon posting, as posted here.

    If you have any questions regarding the terms and conditions of this agreement, please contact Notorious Games Support.

    2. Account:

    Accounts are established on the basis of one user per account. As the sole registered user, you represent that you are a legal adult in your country of residence. You may grant permission to one minor who may use your account instead of you, accepting full responsibility and obligation to these terms of service on behalf of the minor and full liability for all activities conducted through your account. You agree to limit your usage of this account to one person, either yourself, or a minor for whom you take full responsibility. Notorious Games reserves the right to request verification of age at any time. Failure to present proof may result in a termination of your account. Maintaining an account and compliance with this Terms Of Service agreement grants you a limited license to use the Software and the Service for your own non-commercial entertainment purposes. You may not use the Client or the Service for any other purpose or in connection with any other software. You are solely and entirely responsible for the cost of all internet and telephone access charges along with providing and maintaining the necessary hardware equipment required to connect to the Service game servers.

    Account Ownership:

    You agree that you have no ownership or other proprietary interest in the game account, and you further acknowledge that all rights pertaining to the account are and shall forever be owned by Notorious Games. You are granted a limited license to use the account as long as payments are in good standing and you are in compliance with the Rules of Conducts and terms of this agreement.

    Account Transfers:

    Notorious Games does not recognize the transfer of a user account. A newly created account is licensed only for the original registrant.

    Account Security:

    The account will be accessed via a secure login and password, created upon registration of a new account. You are personally responsible for maintaining the confidentiality of your login information. In the event that your login information has been breached, you must immediately contact Notorious Games Security

    Termination / Suspension Of Account:

    Notorious Games reserves the right to terminate or suspend any account that has directly breached the code of conduct or any part of the Terms Of Service. This right also extends to any and all accounts that are in any way connected to the offending account . Upon termination of accounts all rights granted to you under the Terms Of Service are immediately revoked. You may suspend your account at any given point effectively removing all rights and permissions of the Terms Of Service and access to the software. Upon suspension of your account any further payments will be halted. You will not receive any refund for prepayments or loss of time caused from early suspension.

    3. Subscription Fees And Payment Terms:

    Your initial account payment covers establishment of a player account and one month of game access and play. A registered account is the sole responsibility of the licensed registrant. A user may register multiple accounts. To continue access to your account and the game client you are required to pay a recurring monthly fee. The monthly fee may be pre paid or as a recurring subscription. Subscription fees and terms are presented upon payment process. Subscription fee and terms may be changed at any time. Subscription fees are all presented in U.S. dollars and are non-refundable. Upon adding a recurring subscription you give Notorious Games permission to automatically charge your credit card for the amount of the subscription fee. If Notorious Games is unable to process your card your account and access to the service may be instantly suspended at Notorious Games' discretion.

    You, the subscriber are responsible for keeping up to date with any and all changes in fees and terms of service. Should you find such changes unacceptable you have the sole right to terminate your account at any given time with or without reason.

    In the event of promotions or trial periods, payment terms will be presented at the time and applicable to the promotional period only.

    4. Proprietary Rights / Ownership Rights / License / Game Content:

    Notorious Games solely and exclusively owns the software, system, game and game content. The previously mentioned are all protected by copyright laws, trademarks, and other proprietary rights that have not been expressly granted herein. Game content is, includes, but is not limited to, animation, video, musical compositions, art work, visual effects, text, layout, design, sound effects and other content that is made available to you upon downloading. All user created content and items is sole property of Notorious Games. The Software and the Service are protected by United States and international copyright laws and may contain materials licensed by Notorious Games. The licensors may also enforce their rights in the event of a violation of this agreement.

    By submitting any game content to Notorious Games, including but not limited to images, text and musical compositions, you represent that you have full legal copyrights for the submitted content and thereby full and irrevocable license to Notorious Games.

    Virtual Items:

    You agree that you have no right or title to any in game virtual content including virtual goods and currency originating in the Service. Notorious Games does not recognize any purported transfers of virtual property executed outside of the Service. You may not sell or exchange any in game items or currency for real money. Virtual in game items are the property of Notorious Games and hold no real world monetary value.

    5. Rules of Conduct:

    You will not display inappropriate conduct while you have access to the game and its content. Such conduct includes but is not limited to:

    1. Any action that directly, or otherwise, interferes with server or network in such a way that was not intended by the creators.
    2. Any action that directly, or otherwise, interferes with other game users in such a way that was not intended by the creators.
    3. Use of third party software that would give you or anyone else an advantage of any form.
    4. Exploitation of the Software or the Service for material gain outside of the game.
    5. Abuse, harass or threaten another player or representative of Notorious Games.
    6. Use of any words that are deemed offensive or threatening or that may be sexually explicit . Use of words using symbols, different languages, or different forms of writing, including internet based ones like Leet, that represent the previous mentioned words will be treated in the same way.
    7. Organizing or becoming a member of a group that targets other players based on sex, race, religion, creed, or sexual orientation.
    8. Failing to abide by any rules given to you at any time in any form by Notorious Games representatives.
    9. Disseminating or seeking to obtain the personal identity or information pertaining to Notorious Games volunteer staff, including but not limited to personal character accounts used by volunteer staff. By accepting this agreement you agree to keep confidential any such information you may obtain.
    10. Circulating false information regarding Notorious Games staff, the online game service or the development or management of Xsyon and related services.
    11. Impersonating any member of Notorious Games, volunteer, person of authority, declare to be one, or forge proof of any form that makes it appear you are a person of staff or authority.
    12. Discussing in game, on the forums or any other public forum or website any disciplinary action taken against you.
    13. Violation of any real world laws or regulations.
    14. Advertising, promoting or participating in any form of solicitation of products or other games in the game world or forums.
    15. Trading, purchasing, advertising, linking to, promoting or selling any product or service that is not an in game product or service.
    16. Arranging for, or transferring pirated content of any form.
    17. Providing or using a Xsyon emulator.
    18. Providing false information when registering for Xsyon.
    19. Using a proxy or hidden IP to register or access the game or forums.
    20. Using a disposable temporary email address when registering for Xsyon.
    21. Attempting to hack or decipher Xsyon servers.
    22. Sharing account passwords.
    23. Abusing Global Chat as outlined below.
    24. Encouraging others to break these rules.
    25. Applauding, condoning or justifying the actions of others who break these rules.

    Global Chat Rules

    The Xsyon Service includes a Global chat feature intended for players to communicate across the game world. The purpose of this chat is to assist new players, facilitate communication between distant players, manage staff and player run events, encourage trade and generate a positive community feel.

    You agree to refrain from:

    1. Criticizing the game development team, game design or features, or the Guide team. Feedback regarding game design and balance can be posted in the appropriate sections of the game Forums.
    2. Discussing other games or game services.
    3. Engaging in divisive real world topics including but not limited to religious and political discussion.
    4. Luring new players for the purpose of killing them and stripping them of their items.

    Failure to follow these rules will result in temporary or permanent ban from Xsyon. A ban will result in a Termination of Service as outlined below. Interpretation and enforcement of these rules is at the discretion of Notorious Games and its representatives.

    6. Privacy And Confidentiality:

    Apart from certain personal information no form of communication is private. All forms of communication connected with Xsyon, both out of and in game, maybe be monitored or viewed at any time by Notorious Games personnel. While Notorious Games does its utmost to protect your personal information it is not guaranteed information will not be gathered through unlawful acts. Through the Service, Notorious Games may obtain identification information from and about your computer and its operating system, including without limitation your central processing unit, graphic cards, sound cards, hard drives, operating systems and your Internet Protocol address. This information may be gathered for the purposes of improving the Service and monitoring and enforcing the provision of this Terms of Service agreement. Notorious Games may, with or without notice, monitor, record, review, modify and or disclose your chat sessions and activities, whether by text or voice, conducted through the Service. You acknowledge that Notorious Games is under no obligation to monitor in Service chat or activities. Notorious Games may, with or without notice, disclose your Internet Protocol address, personal information, game logs and other information regarding you or your activities in relation to the Service in response to a request by law enforcement, a court order or other legal processes, or if Notorious Games has cause to believe that doing so may protect your safety or the safety of others.

    7. Disclaimer Of Damages / Warranty:

    The Software, System, Game and all Game Content, and all other services and material provided in connection therewith, are provided "AS IS," with all faults, and without warranty of any kind. The Game experience and content will change as intended and designed over time. You assume all risk of use and all risk associated with accessing the System and playing the Game. In no event shall Notorious Games, its affiliates, licensors or suppliers be liable to you or to any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, lost profits or lost data), arising out of or in connection with your Account, the System, Software, Game, Game Content, User Content, ToS, or any other services or materials provided in connection therewith, whether based on warranty, contract, tort or any other legal theory, and whether or not Games is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose.

    8. Limitation Of Liability:

    You expressly agree that the use of the Xsyon Software and Service is at your sole risk.

    The Software and Service provided by Notorious Games are provided on an "AS IS" and "available as" basis.

    Notorious Games is under no obligation to monitor in Service activities or chat. You acknowledge that you engage in Service chat and activities at your own risk.

    Neither Notorious Games, its officers, directors, licensors, employees, subcontractors or affiliates shall be liable in any way for damage or loss of any kind resulting from the use or inability to use the game or service including without limitation: loss of goodwill, work stoppage, computer failure or malfunction, the loss of characters, accounts, in game inventories or user profile information, or interruptions of services including, without limitation, internet service provider disruptions, software or hardware failures or any other even which may result in a loss of data or disruption of service. In no event will Notorious Games be liable to your or anyone else for any indirect, incidental, special, exemplar or consequential damages.

    Notorious Games and its associated parties does not make any representations, warranties or guarantees of any kind, whether express, implied or statutory, including, but not limited to those relating to the quality, condition, accuracy, completeness, reliability, suitability or fitness of the Software or Service.

    Notorious Games and its associated parties do not warrant you will be able to access the Service at times or locations of your choosing. Notorious Games and its associated parties do not warrant that the Software and Service will be uninterrupted or error free.

    Notorious Games reserves the right to refuse the registration of any account at its sole discretion. Notorious Games may prohibit the registration of accounts that appear to be placed by previously banned users, resellers or other parties deemed as potential and intentional abusers of the Terms of Service and Rules of Conduct.

    Notorious Games and its affiliated parties assume no responsibility for any connection to, transmission over, or results or use of any network connection or facilities provided, or failed to be provided, in connection with the Service. You agree and acknowledge that Notorious Games and its affiliated parties are not liable for any act of failure to act by them or any other person regarding conduct, communication or connect transferred or delivered in connection with the Service.

    Notorious Games shall not be liable for any delay or failure to perform resulting from cause outside the reasonable control of Notorious Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Notorious Games\' control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

    9. Indemnity:

    You agree to defend, indemnify and hold harmless Notorious Games, partners, affiliates, directors, officers, subsidiaries, employees, agents or suppliers, its licensees, distributors, Content Providers, and any other members related directly or otherwise to Xsyon and Notorious Games from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related, directly or indirectly, to any misuse of the Service or breach of this Agreement by you.

    10. Termination of Agreement:

    This agreement is effective until terminated. You may terminate this agreement at any time by closing your account and removing the client Software.

    By terminating your account you forfeit the right to any and all payments made for access to the Service. You agree and acknowledge that your are not entitled to any refund for any amounts paid in conjunction with the acceptance of these terms or already paid prior to the termination of agreement.

    Notorious Games may terminate this agreement with or without notice in the case of your non compliance with any of the terms of this agreement or breaking the Rules of Conduct. In this case, you agree that you not entitled to a refund for any amounts already paid for the registration or use of the Service.

    11. Disputes and Governing Law:

    This ToS, is governed by the United States of America and the commonwealth of Nevada.

    This Agreement is governed by and shall be construed and enforced under the laws of The State of Nevada, without applying any conflicts of law principles which would require application of the law of any other jurisdiction. Notorious Games and you each hereby irrevocably consent to the jurisdiction of the courts of the State of Nevada for all purposes in connection with any action or proceeding which arises out of or relates to this Agreement and agree that any action or proceeding instituted under this Agreement shall be brought only in the state courts of Douglas County, State of Nevada.

    If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

    12. Refund Policy:

    Xsyon (the "Service") is an interactive multiplayer online game world provided by Notorious Games, a Nevada LLC. It is not a product purchase. There are absolutely no refunds given on the establishment of an account and subscription to the service. The service is non-transferable. The Service is provided "AS IS" and is in a constant state of development and evolution. The experience of the online game will change over time. Signing up for the Xsyon service constitutes full acceptance of these Terms of Service and in accordance with these Terms of Service, Xsyon is a changing online world affected by the players. As such the world cannot be used as a free trial. Free trials will be offered separate from the paid Xsyon Service.

    The Xsyon proprietary Game Client (the "Software") can be obtained as a free online download and is required for your usage of the Service. The software is a free download provided AS IS.

    There will be no refunds issued should your computer fail to meet the minimum requirements to run the software or due to your dissatisfaction with the service.

    13. Seizure Warning:

    In certain cases some users may experience seizures when viewing light patterns or backgrounds on a video monitor. This can also occur in persons with no history of seizures or epilepsy.

    14. Copyright Notice:

    All original materials provided in conjunction with the Software and Service, unless otherwise specified, are under the sole ownership and copyright of Notorious Games LLC.

    This Terms of Service agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Notwithstanding anything else in this Terms of Service agreement, no default, delay or failure to perform on the part of Notorious Games shall be considered a breach of this Terms of Service agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Notorious Games.

    I hereby acknowledge that I have read and understand the foregoing Terms of Service agreement and agree that my use of the game and the service is an acknowledgement of my agreement to be bound by the Terms and Conditions of this Terms of Service Agreement.

    Notorious Games LLC

    PO Box 2849

    Stateline NV 89449