Please remember to review the current terms and conditions of
the Vanguard: Saga of Heroes User Agreement and Software License. Thank you.
VANGUARD: SAGA OF HEROES USER AGREEMENT
AND SOFTWARE LICENSE
THIS AGREEMENT DESCRIBES THE TERMS ON
WHICH SONY ONLINE ENTERTAINMENT LLC OR, FOR SUBSCRIBERS
LOCATED IN THE EUROPEAN UNION ONLY, SOE EUROPE LIMITED (COLLECTIVELY, WE OR "SOE") OFFERS
YOU ACCESS TO AN ACCOUNT (THE "ACCOUNT") TO PLAY THE
VANGUARD: SAGA OF HEROES FANTASY ONLINE ROLE PLAYING COMPUTER GAME AND ITS
EXPANSION PACKS (INDIVIDUALLY AND COLLECTIVELY, THE "GAME").
BY PRESSING THE "I ACCEPT" BUTTON, YOU ACCEPT THE TERMS AND
CONDITIONS BELOW. BY PRESSING THE "DECLINE" BUTTON, YOU DECLINE OUR
OFFER, IN WHICH CASE YOU SHOULD CONTACT YOUR PLACE OF PURCHASE REGARDING ITS
RETURN POLICY FOR THE APPLICABLE PRODUCT. If you have any questions regarding
these terms and conditions, please visit the SOE customer service webpage at
http://support.station.sony.com/.
You agree that SOE
and its licensors retain the unfettered right to modify the Game and all
aspects of characters, items and coin (collectively, Virtual Goods) therein. You acknowledge that
SOE and its licensors have been, are, and will be constantly making changes
to the Game. You further acknowledge that SOE and its
licensors can and will, in their discretion, modify features, functions or
abilities of any element of the game or any Virtual Goods (which may, among
other things, make the Virtual Goods substantially more effective or
functional, or less effective or functional, more common or less common, or
eliminated entirely).
YOU PROMISE, THEREFORE, THAT YOU WILL
NEVER ASSERT OR BRING ANY CLAIM OR SUIT AGAINST SOE, ITS LICENSOR(S), ANY
SONY COMPANY, OR ANY EMPLOYEES OF ANY OF THE ABOVE, WHICH IS RELATED TO OR
BASED ON (I) A CLAIM THAT YOU OWN ANY VIRTUAL GOODS IN ANY GAME, (II) A
CLAIM FOR THE VALUE OF VIRTUAL GOODS IF SOE OR ITS LICENSOR(S) DELETES THEM
(AND/OR TERMINATES YOUR ACCOUNT(S)) IF
YOU OR ANYONE ACTING IN CONCERT WITH YOU VIOLATES ANY PROVISION OF THIS
AGREEMENT, THE GAMES CODE OF CONDUCT, SOES TERMS OF SERVICE AND/OR SOES
PRIVACY POLICY (ALL OF WHICH ARE POSTED AT A LINK AT WWW.JOINVANGUARD.COM),
(III) A CLAIM FOR THE VALUE OF VIRTUAL GOODS THAT YOU MAY LOSE IF SOE OR
ITS LICENSOR(S) DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO ANY
PROVISION OF THIS AGREEMENT, THE GAMES CODE OF CONDUCT, SOES TERMS OF
SERVICE AND/OR SOES PRIVACY POLICY, OR FOR ANY MALFUNCTIONS AND/OR BUGS IN
THE GAME, AND/OR (IV) A CLAIM THAT THE VALUE OF ANY VIRTUAL GOODS HAS
INCREASED OR DECREASED BY VIRTUE OF ANY GAME MODIFICATION THAT SOE OR ITS
LICENSOR(S) HAS MADE OR WILL MAKE .
1.
Accounts are available only to adults or, in their discretion, their
minor child. If you are a minor, your parent(s) or
guardian(s) must complete the registration process, in which case they will
take full responsibility for all obligations under this Agreement. By
clicking the "I Accept" button and providing us with a credit card
number, you represent that you are an adult and are either accepting this
Agreement on behalf of yourself or your child. You may not transfer or share
your Account with anyone, except that if you are a parent or guardian, you
may permit one child to use the Account instead of you (in which case you may
not use that Account). You are liable for all activities conducted through
the Account, and parents or guardians are liable for the activities of their
child. Corporations and other entities are not eligible to procure Accounts.
2.
To play the Game, you must (a) purchase or receive through an
SOE-authorized promotional offer (such as an authentic disc bundled with a
game magazine) the Game CD-ROM(s) or DVD-ROM(s) (collectively, the "DVD-ROM")
or applicable files which we may make available for direct download, which
includes software required for the Game (the "Software"),
(b) have a fully paid Account, and (c) have at least the minimum system
requirements to operate the Game and an Internet connection (both of which we
do not provide) to access your Account. In addition to any fees described
herein, you are responsible for paying all applicable taxes (including those
we are not required to collect) and for all hardware, software, service and other
costs you incur to access your Account. Neither this
Agreement nor your Account entitles you to any subsequent releases of the Software, nor to any expansion packs or similar
ancillary products, without paying applicable charges. You understand that we may update or
otherwise enhance the Software at any time and in doing so incur no
obligation to furnish such updates to you pursuant to this Agreement. You understand that online games evolve over
time and, accordingly, system requirements to play the Game may change over
time and you may need to upgrade your system (or obtain a new system) to play
the Game. Game experience may change
during online play.
3.
We may amend this Agreement at any time in our sole discretion.
Amendments shall be communicated to you at the time you log into your
Account. Such amendments shall be effective whenever we make the notification
available for your review.
4.
Upon registration, you must select a password. You may not disclose
your password to any third party. We never ask you for your password by
telephone, in-game communication, live-chat or email, and you should not
disclose it this way if someone asks you to do so. Although we may offer a feature that allows
you to "save" or "remember" your password on your hard
drive, please note that by using this feature third parties may be able to
access your computer and thus your Account.
5.
We describe our fees and billing procedures at a hotlink located at
www.joinvanguard.com, which are incorporated by reference and are subject to
change at any time. All fees are stated in U.S. Dollars unless otherwise
specified. All fees are prepaid and non-refundable. Upon your acceptance of
these terms, we have the right to automatically charge your credit card the
Account fee plus any applicable taxes we are required to collect, and you
authorize us to do so. Thereafter, each time your Account comes up for
renewal, we have the right to charge your credit card the then-current
renewal rate plus any applicable taxes we are required to collect, and you
authorize us to do so. If we are unable to process your credit card at a
renewal period, your Account may be immediately terminated. If we make a Game
Card available and you use a Game Card to pay for your Account, the Game Card
shall activate your Account for the period stated on the Game Card and,
thereafter, you will either need to provide a valid credit card (in which
case your credit card will subsequently be charged as referenced above) or
purchase another Game Card for subsequent subscription periods, or your
Account will be closed. You may terminate your Account at any time
through the Account registration process. If you terminate your Account during the
initial period of gameplay included with your
purchase of the Game Software, if any, your account will be closed at the end
of such initial period of gameplay and you will not
be billed. If
you convert your Account during the initial period of gameplay included with your purchase of the Game Software to a paid subscription
account, you may lose the balance of any unused period of gameplay included with your purchase. If you
terminate your Account during any subscription cycle, your Account will be
closed at the end of the then-current cycle and you will not be billed again
unless you affirmatively reopen the Account. We do not give full or partial refunds for
subscription periods that you have purchased.
6.
We may terminate this Agreement (including your Software license and your
Account) and/or suspend your Account immediately and without notice: (i) if you violate any provision of this Agreement; (ii)
infringe any third party intellectual property rights; (iii) if we are unable
to verify or authenticate any information you provide to us; (iv) upon game
play, chat or any player or Game-related activity whatsoever which we, in our
sole discretion, determine is inappropriate and/or in violation of the spirit
of the Game; and/or (v) upon any violation of this Agreement, the Station
Terms of Service and/or the Game Code of Conduct. If we terminate this
Agreement or suspend your Account under these circumstances, you will lose
access to your Account for the duration of the suspension and/or the balance
of any prepaid period without any refund. We may also
terminate this Agreement if we decide, in our sole discretion, to discontinue
offering the Game, in which case we may provide you with a prorated refund of
any prepaid amounts.
7.
Subject to the terms of this Agreement, we hereby grant to you a
non-exclusive, non-transferable, revocable license to use the Software solely
in connection with playing the Game via an authorized and fully-paid Account. You may not copy (except to make one
necessary back-up copy), distribute, sell, auction, rent, lease, loan, modify
or create derivative works, adapt, translate, perform, display, sublicense or
transfer all or any portion of the Software. You may not copy any of the
written, digital or electronic materials accompanying the Software unless we
expressly permit you to do so in writing, and then only to the extent
permitted. You may not reverse engineer, disassemble or
decompile the Software except to the extent that this restriction is
expressly prohibited by applicable law. The Software may contain license
management software that restricts your use of the Software.
8.
We and our licensors and suppliers shall retain all rights, title and
interest, including, without limitation, ownership of all intellectual
property rights relating to or residing in the DVD-ROM, the Software, the
Game and Virtual Property, all copies thereof, and all game character data in
connection therewith. You acknowledge and agree that you have not and will
not acquire or obtain any intellectual property or other rights, including
any right of exploitation, of any kind in or to the DVD-ROM, the Software,
Virtual Goods, and/or the Game, including, without limitation, in any
artwork, video, graphics, music, sound effects, character(s), item(s),
coin(s) or other material or property, whether virtual or real, and/or any
compilation or copyrightable arrangement of any of the above (collectively, Rights),
and that all such property, material, items and Rights are exclusively owned
by us or our licensors.
9.
You may not use any software to modify the Software to change Game
play. You may not create, facilitate, host, link to or provide any other
means through which the Game may be played by others, such as through server
emulators. You may not decrypt or modify any data transmitted between client
and server and you may not use, post, host or distribute macros, bots or
other programs which would allow unattended game play or which otherwise
impact game play. You may not take any action which imposes an unreasonable
or disproportionately large load on our infrastructure. You may not buy, sell
or auction (or host or facilitate the ability to allow others to buy, sell or
auction) any Game account, characters, items, coin, Virtual Property or
copyrighted material or any other intellectual property owned or controlled
by us or our licensors without first obtaining our express written
permission.
10.
To obtain an Account, you will be required to choose both a login name
and a player name. While you are encouraged to use a pseudonym, especially if
you are a minor, you may not pick a name that violates anyone's trademarks,
publicity rights or other proprietary rights.
11.
As part of your Account, you can or may be able to upload content,
messages, art, graphic files, pictures, video, audio, music, sounds, software
and other files, items and content to our servers in various forms, such as
in the selections you make for the Game, in-game posts and chat, and in chat
rooms and similar user-to-user areas (collectively, your "Content").
Your Content, whether in written, digital, oral, machine-readable, electronic
or visual form, shall not: (a) infringe any third party intellectual
property, other proprietary or publicity/privacy rights; (b) violate any law,
rule or regulation; (c) be unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene,
libelous, pornographic or harmful to minors, invasive of another's right of
privacy or publicity, hateful, racially, ethnically or otherwise
objectionable; or (d) contain any viruses, trojan horses, worms, time bombs, cancelbots or other
computer programming routines that are intended to or result in damage,
detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or personal information. We may take any action with respect to
your Content if we believe it may create liability for us or may cause us to
lose (in whole or in part) the services of our ISPs or other suppliers. You
hereby grant to us a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise
all rights of any kind or nature associated with your Content, including,
without limitation, all intellectual property rights, and all ancillary and
subsidiary rights thereto, in any languages and in any media now known or not
currently known.
12.
We cannot ensure that your private communications and other personally
identifiable information will not be disclosed to third parties. For example,
we or our designees may be forced to disclose information to the government
or third parties under certain circumstances, or third parties may unlawfully
intercept or access transmissions or private communications. Additionally, we, or our designees can (and
you authorize us or our designees to) disclose any information about you to
private entities, law enforcement or other government officials as each of
us, in our sole discretion, believe necessary or appropriate to investigate
or resolve possible problems or inquiries, or in exigent circumstances
involving risk of harm to any person or property. You agree that we may
communicate with you via telephone, email and any similar technology for any
purpose relating to the Game, the Software and any services or software which
may in the future be provided by us or on our behalf. You expressly permit SOE to upload CPU,
operating system, video card, sound card and memory information from your
computer to analyze and optimize your Game experience, improve and maintain
the Game and/or provide you with customer service. Furthermore, if you request any technical
support, you consent to our remote accessing and review of the computer you
load the Software onto for purposes of support and debugging. You may choose to
visit www.joinvanguard.com, www.station.com, or other SOE web sites if such web
sites offer services such as a Vanguard: Saga of Heroes game-themed chat room or other services of
interest to you. You are subject to the terms and conditions,
privacy customs and policies of SOE while on such web sites and in connection
with use of your Account and the Game, which terms and conditions, policies
and customs are incorporated herein by this reference. Since we do not control other web sites
and/or privacy policies of third parties, different rules may apply to their
use or disclosure of the personal information you disclose to others. Solely
for the purpose of patching and updating the Game and/or Software and
ensuring the integrity of the Game, you hereby grant us permission to (i) upload Game-related file information and data from the
Game directory and (ii) download Game files to you. You acknowledge that any and all character
data is stored and is resident on our servers, and any and all communications
that you make within the Game (including, but not limited to, messages solely
directed at another player or group of players) traverse through our servers,
may or may not be monitored by us or our agents, you have no expectation of privacy in any such
communications and expressly consent to such monitoring of communications you
send and receive. You acknowledge and agree that we may transfer Game
and your Account information (including your personally identifiable
information and personal data) to the United States or other countries
or may share such information with our licensees, licensors and agents in
connection with the Game. The Game may incorporate third party ad
serving technology from third parties. This technology, if used by SOE and provided to you, enables certain advertising to be
temporarily uploaded to your computer system and replaced in-game while
connected online. As part of that
process, neither SOE nor the third party ad serving company collects any
personally identifiable information about you and only temporarily logs
select non-personally identifiable information (such as IP address). No
logged information is used by such third parties to determine any personally
identifiable information about you.
13. SOE warrants to the
original consumer purchaser only that the media furnished in this product
will be free from defects in materials and workmanship under normal use for a
period of ninety (90) days from the date of purchase (as evidenced by your
receipt). This
warranty shall not be applicable and shall be void if the defect in the Game,
DVD-ROM or Software has arisen through abuse, unreasonable use, mistreatment or
neglect. If the media furnished in
this product proves to be defective, and provided that the original consumer
purchaser returns the media to SOE in accordance with the instructions in
this paragraph, SOE will replace the defective media: (a) free of charge to
the original consumer purchaser, if the media proves to be defective within
the ninety (90) day period following the date of purchase, or (b) for a fee
of $5.00 per Compact Disc or Digital Versatile Disc, as applicable (DVD),
if the media proves to be defective after the expiration of the ninety (90)
day warranty period, provided that the request is made within a reasonable
time from purchase, and SOE continues to distribute the DVD commercially. To obtain a replacement DVD, please return
the defective DVD only, postage prepaid, to Sony Online Entertainment LLC, 8928 Terman Court, San Diego, CA 92121, accompanied by proof of date of
purchase, a description of the defect, and your name and return address, as
well as a check for $5.00 per DVD made payable to Sony Online Entertainment
LLC if after expiration of the warranty period. SOE will mail a replacement to you within
180 days of receiving your order.
EXCEPT FOR THE LIMITED 90 DAY WARRANTY ON
THE MEDIA AS SET FORTH ABOVE, WE PROVIDE THE DVD-ROM, THE SOFTWARE, THE
ACCOUNT, THE GAME AND ALL OTHER SERVICES "AS IS." WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL
WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE,
NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, we do not ensure continuous, error-free,
secure or virus-free operation of the DVD-ROM, the Software, the Game, your
Account or continued operation or availability of any given server or Game
feature, skill, character class or race, art, graphics, items, abilities,
zones or other content. Some states do not allow limitations as to how long an
implied warranty lasts and/or exclusions or limitations of consequential
damages, so the above limitations and/or exclusions of liability may not
apply to you. This warranty gives you specific legal
rights and you may also have other legal rights which vary from state to
state.
We are not liable for any delay or
failure to perform resulting from any causes beyond our reasonable control.
Further, we cannot and do not promise or ensure that you will be able to
access your Account whenever you want, and there may be extended periods of
time when you cannot access your Account. You agree to
indemnify, defend and hold harmless SOE, SOE's affiliated companies, licensors and suppliers, and all of their respective
officers, directors, owners, agents, employees, information providers,
affiliates, licensors, designees and licensees (collectively,
"Indemnified Parties") from and against any and all liability and
costs including, without limitation, attorneys' fees and costs, incurred by
the Indemnified Parties in connection with any claim arising out of (i) any breach by you of this Agreement or the foregoing
representations, warranties and covenants or (ii) your use of the Game and
any other hardware or software required or used to play the Game, including
use of or access to the internet. You
assume the entire risk as to the results and performance of the Software and
the Game in connection with your hardware and software, and you assume the
entire cost of all servicing, repair and/or correction of your hardware and
software. THE ENTIRE RISK ARISING OUT OF USE OR
PERFORMANCE OF THE GAME REMAINS WITH THE USER.
14.
IN NO EVENT SHALL WE, OUR PARENT, OUR LICENSORS, OUR AFFILIATES OR OUR
SUPPLIERS, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST
PROFITS, REVENUE, DATA, CONTENT,
ITEMS, HARDWARE, SOFTWARE, INJURY, INFORMATION OR SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE)
ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM POSSESSION, USE,
INABILITY TO USE, FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER OR OTHER
VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS
TO, ALTERATION OF OR MALFUNCTION OF THE GAME, SOFTWARE, YOUR ACCOUNT, THIS
AGREEMENT OR THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY US OR ANY
THIRD PARTY, INCLUDING, WITHOUT LIMIATION, DAMAGE TO PROPERTY ANDTO THE
EXTENT PERMITTED BY APPLICABLE LAWDAMAGES FOR PERSONAL INJURY, EVEN IF WE,
OUR LICENSORS AND EACH OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
LOSS. THE LIABILITY OF SOE, OUR LICENSORS OR ANY OF OUR OR THEIR RESPECTIVE
PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO
$100. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT
LIMITATION, INJUNCTIVE RELIEF AGAINST SOE, ITS LICENSORS, THEIR PARENTS OR
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS
HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE SOE AND/OR ITS LICENSORS
FROM SEEKING ANY INJUNCTIVE RELIEF. Some states do not allow the foregoing
limitations of liability, so they may not apply to you.
15.
You shall comply with all applicable laws regarding your use of the
Software, the DVD-ROM, your access to your Account and your playing of the Game. Without limiting the foregoing, you may not download,
use or otherwise export or re-export the Software except in full compliance
with all applicable laws and regulations, including, without limitation, the
laws of the United States. The Game may NOT be downloaded or otherwise
exported or re-exported (i) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other
country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders (including, but not limited to,
the Denied Persons List).By downloading, installing and/or using the Game,
you represent and warrant that you are not located in, under the control of,
or a national or resident of any such country or on any such list.
16. To the maximum extent permitted by law, this Agreement is governed in all respects
by the laws of the State of California as
such laws are applied to agreements entered into and to be performed entirely
within California between California residents. The UN Convention on
Contracts for the International Sale of Goods is expressly disclaimed. Both
parties submit to personal jurisdiction in California and further agree that any cause of action relating to this Agreement shall
be brought in the County of San Diego, State of California (if under State law) or the
Southern District of California (if under federal law). 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. Our failure to act
with respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches. You may not assign or
transfer this Agreement or your rights hereunder, and any attempt to the
contrary is void. This Agreement sets forth the entire understanding and
agreement between us and you with respect to the subject matter hereof.
Except as provided herein, this Agreement may not be amended except in a
writing signed by both parties.
17. You hereby affirm and agree to
those restrictions and conditions of use set forth in the Game Code of
Conduct, which may be obtained at a hotlink located at www.joinvanguard.com and which is
incorporated herein by this reference.
18. All services hereunder are offered by
Sony Online Entertainment LLC, located at 8928 Terman Court, San Diego, California 92121. Our phone number is (858)
537-0898. Current rates for using the Game may be obtained from a hotlink at
www.joinvanguard.com, and such rates are subject to change at any time. If
you are a California resident, you may have this same information emailed to you by sending a
letter to the foregoing address with your email address and a request for
this information.
The
Complaint Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento,
CA 95814,
or by telephone at (800) 952-5210.
Parental
control protections (such as computer hardware, software, or filtering
services) are commercially available that may assist you in limiting access
to material that is harmful to minors. If you are interested in learning
about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm
or other similar sites providing information on such protections.
The
Software is a "commercial item" if acquired under agreement with
the U.S. Government or any contractor therewith in accordance with 48 CFR
12.212 of the FAR and, if acquired for Department of Defense (DoD) units, 48 CFR 227-7202 of the DoD FAR Supplement, or any succeeding similar regulations.