- arabic
- brazilian
- bulgarian
- czech
- danish
- dutch
- english
- finnish
- french
- german
- greek
- hungarian
- indonesian
- italian
- japanese
- koreana
- latam
- norwegian
- polish
- portuguese
- romanian
- russian
- schinese
- spanish
- swedish
- tchinese
- thai
- turkish
- ukrainian
- vietnamese
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Project: GorgonElder Game, LLC Terms of Service Agreement
Version 3.0. Effective April 22, 2026.
Elder Game, LLC Terms of Service Agreement Version 1.0 Released 03/08/2018.
PLEASE READ THESE TERMS OF SERVICE (“TERMS OF SERVICE”) CAREFULLY AND IN ITS ENTIRETY. BY CLICKING THE “ACCEPT” BUTTON AT THE END OF THE AGREEMENT OR BY USING ELDER GAME, LLC (“ELDER GAME”) PRODUCTS AND/OR SERVICES (“PRODUCTS”), SUCH AS BUT NOT LIMITED TO WEBPAGES (“WEBPAGES”), PROJECT: GORGON (“GAME”), AND THE GAME LAUNCHER (“LAUNCHER”), YOU HEREBY AGREE TO THESE TERMS AND AGREE THAT THEY ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.
ELDER GAME, at times, may elect to raise funds for PRODUCTS outside standard purchasing avenues. You, the Contributor, may select one or more pledges and pay the indicated amount(s) in accordance with the following agreement between ELDER GAME and you, the Contributor. Any contribution shall be made as a non-refundable donation rather than a standard purchase. Once a donation is made, it is final and will not be refundable under any circumstance. Standard sales and Contributor donations are non-refundable and all sales are final.
Purchasing ELDER GAME related accounts, game keys, virtual items or services from unauthorized third parties is strictly prohibited and associated accounts are subject to permanent termination. If your account is terminated for a breach of the ELDER GAME TERMS, you agree you are not entitled to a refund and agree not to seek one.
This software program, and any files that are provided by ELDER GAME via online transmission or otherwise to “patch”, update, or otherwise modify the software program (the “GAME CLIENT”), as well as any printed materials and any online or electronic documentation (the “MANUAL”), and any and all copies and derivative works of the GAME CLIENT and MANUAL (collectively, with the “GAME CLIENT” and MANUAL, the “GAME MATERIAL”) for the game Project: Gorgon and related modules (the “GAME”) is copyrighted work of ELDER GAME or any of its subsidiaries and affiliates, and their licensors (collectively, “ELDER GAME”). Any and all uses of PRODUCTS are governed by the following, herein, collectively, “ELDER GAMES TERMS” (I) the Terms of Service, (II) the ELDER GAME Privacy Policy and (III) the ELDER GAME Code of Conduct, as any of the foregoing may be amended from time to time. The ELDER GAME Privacy Policy and ELDER GAME Code of Conduct are incorporated herein by this reference. The GAME is distributed solely for the use by authorized end users according to the ELDER GAME TERMS. Any use, reproduction, modification, or distribution of the GAME not expressly authorized by the TERMS OF SERVICE is expressly prohibited.
ELDER GAME may, at its sole discretion, modify or revise these TERMS OF SERVICE and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these TERMS OF SERVICE shall be deemed to confer any third-party rights or benefits.
IF YOU DO NOT AGREE TO THE TERMS OF SERVICE IN ITS ENTIRETY YOU MUST IMMEDIATELY CEASE USE OF ELDER GAME PRODUCTS. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE IN ITS ENTIRETY, YOU ARE NOT ABLE TO ACCESS THE ELDER GAME PRODUCTS (OR ANY PART THEREOF).
I. SECTION ONE: Limited Use License
Subject to the TERMS OF SERVICE and continuing compliance with the ELDER GAME TERMS, ELDER GAME hereby grants to you a limited, personal, non-exclusive, nontransferable, non-assignable, and fully revocable license to (a) install the GAME CLIENT on one or more computers owned by you or under your legitimate control, and (b) use the GAME CLIENT in conjunction with the online service and ELDER GAME provided websites and content for your non-commercial entertainment purposes only. You must accept the TERMS OF SERVICE to use the GAME CLIENT, access ELDER GAME provided content, and to play the GAME. The license is revocable at our sole discretion.
You agree that you will not, under any circumstances:
•In whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the GAME MATERIAL; provided, however, that you may make copies of the GAME CLIENT and MANUAL for personal purposes only;
•Exploit the GAME or any of its parts, including without limitation the GAME CLIENT, for any commercial purpose, including without limitation (a) use at a cyber café, computer gaming center or any other location-based site; (b) for gathering in-game virtual items or resources for sale outside the GAME; or (C) perform in-game services in exchange for payment outside the GAME, e.g., power-leveling;
•Use any unauthorized third-party software that intercepts, “mines” or otherwise collects information from or through the GAME of the WEBPAGES, including without limitation any software that reads areas of RAM used by the GAME to store information about a character or the game environment; provided however, that ELDER GAME may, at its sole and absolute discretion, allow the use of certain third-party modifications;
•Modify or cause to be modified any files that are part of the GAME CLIENT in any way not expressly authorized by ELDER GAME;
•Intercept, emulate or redirect the communication protocols used by ELDER GAME in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
•Facilitate, create or maintain any unauthorized connection to the GAME or the WEBPAGES including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the GAME or WEBPAGES; and (b) any connection using programs or tools not expressly approved by ELDER GAME;
•Sell, grant a security interest in or transfer reproductions6 of the GAME to other parties in any way not expressly authorized herein, or rent, lease or license the GAME to others.
•Access the GAME using more than one accounts simultaneously, e.g., multi-boxing.
II. SECTION TWO: ELDER GAME Ownership
“CONTENT” as used herein includes (a) software, software updates or patches, or other utilities and tools from ELDER GAME or its licensors (“ELDER GAME SOFTWARE”) and (b) other software, technology, text and audiovisual material, the design and appearance of the WEBPAGES. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, player character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user accounts, and methods of operation, Content is provided by ELDER GAME and its licensors, and may also be contributed as USER CONTENT by you or third parties, including other users of ELDER GAME PRODUCTS.
CONTENT on ELDER GAME PRODUCTS are owned by ELDER GAME or ELDER GAME’S third-party licensors and is protected by the US and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any CONTENT from ELDER GAME PRODUCTS unless the ELDER GAME TERMS expressly authorize you to do so.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to CONTENT. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of CONTENT. ELDER GAME reserves all rights in ELDER GAME owned and licensed CONTENT that are not expressly granted to you in the TERMS OF SERVICE. You acknowledge that ELDER GAME and/or third-party content providers remain the owners of all materials posted on the WEBPAGES and in the GAME and that you do not acquire any of those ownership rights by downloading copyrighted materials.
ELDER GAME reserves the right to use owned CONTENT, including but not limited to, player character names, likenesses, and character data, for any purposes, including but not limited to, promotional, advertising, and marketing material.
Making unauthorized copies of CONTENT found on ELDER GAME PRODUCTS may result in the termination of your Account(s), the prohibition of the use of ELDER GAME PRODUCTS, and further legal action. CONTENT owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless ELDER GAME from any unauthorized or illegal conduct by you, or through the use of your Account, on ELDER GAME PRODUCTS.
III. SECTION THREE: Patches and Updates
IMPORTANT: ELDER GAME MAY FIND IT NECESSARY TO MAKE UPDATES, OR PATCHES TO THE GAME CLIENT, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF ELDER GAME PRODUCTS. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. ELDER GAME RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
IV. SECTION FOUR: Duration of Online Services
This GAME is an online game that must be played over the internet through the launcher as provided by ELDER GAME. You understand and agree that the GAME is provided by ELDER GAME and at its discretion may be terminated or otherwise discontinued by ELDER GAME pursuant to the TERMS OF SERVICE.
V. SECTION FIVE: Consent to Monitor
When you play the GAME or participate in any other ELDER GAME Service, including the communication features on the WEBPAGES, your IP address (the Internet protocol address from which you access any of the above) may be stored in our records. When the GAME, or any element or module thereof, is updated or "patched," our patch routine may check your computer to see that you have the most recent version of game-specific files; when you communicate within the GAME or any communication feature in the GAME or on the WEBPAGES (e.g. live chat, instant message services and the like), even "privately" to another person, you do so with the understanding that those communications go through our servers, can be monitored by us. Accordingly, you have no expectation of privacy in any of those communications and, accordingly, you expressly consent to the monitoring of communications that you send and receive. You may view the ELDER GAME Privacy Policy on our website.
You agree that you are responsible for the content of all communications associated with your account. In the event of unacceptable content within such communications, you understand that ELDER GAME may exercise its rights to remove said content and possibly initiate further action. Inappropriate language, inflammatory or combative behavior, personal attacks, threats of litigation, adult content, privacy violations, spam, and solicitations are some of the reasons that can be cause for content moderation or further action. You understand that the application of ELDER GAME’S right to take action against these communications is at the discretion of ELDER GAME management, employees, and moderators. In certain cases, permanent actions against the user's account may be instituted. Any such permanent actions are reviewed by ELDER GAME management.
You agree that we may communicate with you via telephone, email and any similar technology for any purpose relating to the GAME, and any ELDER GAME Service or ELDER GAME SOFTWARE which may in the future be provided by us or on our behalf. You expressly permit ELDER GAME 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. In the event that the GAME detects an unauthorized third party program, (a) the GAME may communicate information back to us, including without limitation your Account username, details about the unauthorized third party program detected and the activities or functions performed thereby, and/or (b) we may exercise any or all of its rights and remedies under the TERMS OF SERVICE without prior notice to the user(s) linked to such unauthorized third party program.
VI. SECTION SIX: Disclaimers & Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME, THE WEBPAGES, OR ANY OTHER ELDER GAME PRODUCTS, ELDER GAME SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. ELDER GAME PRODUCTS, ELDER GAME SOFTWARE, ELDER GAME'S PRODUCTS, AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. ELDER GAME PROVIDES ELDER GAME PRODUCTS ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE ELDER GAME PRODUCTS AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ELDER GAME WILL HAVE ADEQUATE CAPACITY FOR ELDER GAME PRODUCTS AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ELDER GAME OR ITS LICENSORS IS TO STOP USING ELDER GAME PRODUCTS, AND TO CANCEL YOUR ELDER GAME ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT ELDER GAME, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY ELDER GAME PRODUCTS OR USE OF ELDER GAME SOFTWARE. IN NO CASE SHALL ELDER GAME OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "ELDER GAME AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO ELDER GAME FOR ELDER GAME PRODUCTS. IN NO CASE SHALL ELDER GAME OR ELDER GAME AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL. OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF ELDER GAME PRODUCTS, ELDER GAME SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF ELDER GAME PRODUCTS OR ACCOUNTS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ELDER GAME'S AND ELDER GAME AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ELDER GAME DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH ELDER GAME AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
B.
Indemnification
Upon ELDER GAME’S request, you agree to defend, indemnify and hold harmless ELDER GAME and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these TERMS OF SERVICE, or any other ELDER GAME Terms, for which you are responsible or in connection with your distribution of any CONTENT on or through ELDER GAME PRODUCTS. Without limiting the generality of the foregoing, you agree to indemnify and hold ELDER GAME harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of ELDER GAME PRODUCTS and for all of your communication and activity on ELDER GAME PRODUCTS, including any User Content you contribute, and that you will indemnify and hold harmless ELDER GAME, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on ELDER GAME PRODUCTS, including any User Content that you contribute.
ELDER GAME reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to ELDER GAME in that matter.
VII. SECTION SEVEN: Disputes & Binding Arbitration
A.304 S. Jones Blvd #3287
Equitable Remedies
You hereby acknowledge and agree that ELDER GAME would suffer irreparable harm if this TERMS OF SERVICE or any of the ELDER GAME Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that ELDER GAME shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this TERMS OF SERVICE or any other ELDER GAME Terms. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this TERMS OF SERVICE or the ELDER GAME TERMS and consistent with the terms of this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
B.Las Vegas, NV 89107 USA
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to this TERMS OF SERVICE or any other ELDER GAME TERMS ("Dispute"), you and ELDER GAME agree to first attempt to negotiate any DISPUTE (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. ELDER GAME will send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to ELDER GAME, 304 S. Jones Blvd #3287, Las Vegas NV 89107 Attn: DISPUTE RESOLUTION with a copy via email to[email protected].
C.
PLEASE READ THESE TERMS CAREFULLY.
By doing any of the following, you agree to be legally bound by these Terms:
Binding ArbitrationCreating an account. Installing or launching the Game client. Accessing the website. Purchasing or receiving digital content. Clicking “ACCEPT.” Using any Elder Game, LLC service.
These activities are collectively referred to as the “Services,” including Project: Gorgon, the “Game.”
If youand do not agree to these Terms, you must not use the Services.
You must be at least 13 years old, or the minimum legal age required in your jurisdiction, to use the Services.
If you are under the age of majority in your jurisdiction, a parent or legal guardian must review and accept these Terms on your behalf and is responsible for your use of the Services.
You represent and warrant that you have the legal capacity to enter into this agreement.
You are responsible for all activity that occurs under your account.
You agree to:
Elder Game may suspend, restrict, lock, or otherwise secure accounts where unauthorized activity, security concerns, fraud, or abuse are suspected.
4.1 Nature of Purchases.
All purchases and grants of access through the Services provide a limited license to digital content, service entitlements, virtual items, or related in game features.
These items are licensed, not sold, and have no real world monetary value unless otherwise required by applicable law.
You acknowledge that you receive no property or ownership interest in any digital content, virtual currency, virtual item, character progression, account status, or other in game feature.
4.2 General Refund Policy.
To the maximum extent permitted by law, all sales are final and no refunds will be provided after digital content has been delivered or access to the Services has begun.
Third party platforms, including Steam, may apply their own refund policies, billing terms, and procedures. Transactions processed by those platforms are also subject to their terms.
Nothing in this Section limits rights provided under applicable consumer protection laws.
4.3 EU, EEA and UK Withdrawal Rights.
If you are located in the European Union, the European Economic Area, or the United Kingdom, you may have a statutory right to withdraw from certain purchases of digital content within 14 days.
However, by purchasing digital content and requesting immediate access to it, you expressly consent to immediate performance and acknowledge that you lose your right of withdrawal once performance begins, to the extent permitted by applicable law.
4.4 EU, EEA and UK Digital Content Rights.
If you are located in the European Union, the European Economic Area, or the United Kingdom, digital content and digital services will be provided in conformity with applicable law.
You may be entitled to legal remedies if digital content or digital services are defective, inaccessible, materially nonconforming, or not as described.
4.5 Chargebacks and Payment Disputes.
Unauthorized chargebacks, reversals, or payment disputes may result in immediate account suspension or termination.
Access to digital entitlements, virtual items, and the Services may be revoked where permitted by law.
Elder Game reserves the right to dispute chargebacks and payment reversals and to recover associated costs, fees, losses, and administrative expenses to the extent permitted by law.
4.6 Unauthorized Transactions.
Purchasing, selling, exchanging, gifting for value, or otherwise transferring accounts, virtual currency, items, power leveling services, or related services from unauthorized third parties is strictly prohibited.
Subject to your compliance with these Terms, Elder Game grants you a limited, revocable, non exclusive, non transferable, non sublicensable license to:
This license may be suspended or revoked if you violate these Terms or if Elder Game reasonably determines that suspension or revocation is necessary to protect the Services, other users, or Elder Game.
You may not:
All rights, title, and interest in and to the Services, including the Game, software, code, visual assets, audio, music, writing, dialogue, characters, names, logos, account systems, user interface elements, gameplay systems, documentation, and all related content, are owned by Elder Game or its licensors and are protected by intellectual property and other applicable laws.
You receive a limited license only. You do not acquire any ownership rights in the Services or any related content.
Elder Game may use character names, guild names, user names, screenshots, gameplay footage, and similar content for promotional, community, marketing, archival, or business purposes without compensation to you, subject to applicable law.
If you submit, upload, transmit, post, or otherwise make available any content through the Services, including forum posts, chat messages, screenshots, videos, feedback, suggestions, or other materials, you grant Elder Game a worldwide, perpetual, irrevocable, royalty free, fully paid, transferable, sublicensable license to host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, and otherwise use such content for operating, improving, promoting, marketing, and supporting the Services.
You represent and warrant that you have all necessary rights to grant this license and that your content does not violate any law or third party right.
Elder Game may monitor, remove, restrict, edit, or refuse to display user generated content at its discretion, subject to applicable law.
Unauthorized software and prohibited conduct include the use of bots, macros, memory editors, packet interception tools, automation systems, unauthorized overlays that affect gameplay, or any tool intended to alter, automate, manipulate, intercept, or gain unfair advantage in the Services.
Use of prohibited software or conduct may result in immediate suspension, permanent ban, data removal, item removal, rollback, restriction of access, or other enforcement action.
You consent to the use of reasonable technical measures designed to detect security threats, prohibited software, unauthorized modifications, and violations of these Terms, subject to applicable law and our Privacy Policy.
The Game is a live service and is subject to ongoing updates, balancing, maintenance, changes, and operational decisions.
Elder Game may patch, rebalance, alter characters, modify classes, adjust progression, add features, remove features, reset data, wipe test environments, change economies, modify digital items, or otherwise alter the Services at any time.
No compensation is owed for such changes except where required by applicable law.
The Services require internet connectivity, compatible hardware or software, and functioning authentication or related systems.
Elder Game does not guarantee that the Services will be uninterrupted, secure, error free, or available at all times.
Elder Game may interrupt, suspend, modify, discontinue, or restrict access to some or all of the Services at any time, with or without notice, subject to applicable law.
Elder Game may collect, use, disclose, and otherwise process personal data and service related information, including IP addresses, device identifiers, gameplay activity, account information, technical logs, and communications, for purposes including account administration, security, fraud prevention, cheat detection, moderation, analytics, customer support, service improvement, and legal compliance.
All data processing is conducted in accordance with the Privacy Policy located at:
https://projectgorgon.com/privacy.html
Where applicable, you have rights regarding your personal data, including rights of access, correction, deletion, restriction, objection, and portability, as described in our Privacy Policy and applicable law.
Nothing in these Terms limits your statutory privacy or data protection rights under applicable law.
You understand that communications made in public or shared in game spaces may be visible to other users and may be monitored or reviewed for moderation, safety, security, and enforcement purposes in accordance with applicable law and the Privacy Policy.
You must follow the Code of Conduct located at:
https://projectgorgon.com/conduct.html
You may not harass other users, impersonate staff, exploit bugs, evade moderation, disrupt the Services, engage in fraud, or otherwise violate the Code of Conduct or these Terms.
Violations may result in warnings, content removal, chat restrictions, suspensions, permanent bans, item removal, rollback, or other enforcement action.
Enforcement will be based on reasonable and proportionate grounds where required by law.
Where appropriate and feasible, Elder Game may provide notice or an opportunity to appeal certain enforcement actions, except in cases involving fraud, abuse, security risks, legal obligations, or other circumstances where immediate action is appropriate.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
ELDER GAMEare unable to resolveDISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON INFRINGEMENT.
ELDER GAME DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, SECURE, OR FREE OF LOSS, CORRUPTION, OR HARMFUL COMPONENTS.
Nothing in these Terms excludes any warranty or legal guarantee that cannot be excluded under applicable law.
To the maximum extent permitted by law, Elder Game and its officers, members, managers, employees, contractors, affiliates, licensors, distributors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, data, use, or other intangible losses, arising out of or relating to the Services or these Terms.
To the maximum extent permitted by law, the total aggregate liability of Elder Game arising out of or relating to the Services or these Terms will not exceed the total amount paid by you directly to Elder Game for the Services during the 12 months immediately preceding the event giving rise to the claim.
This Section does not limit liability where such limitation is prohibited by law, including liability for fraud, willful misconduct, gross negligence, death, personal injury caused by negligence, or any other liability that cannot lawfully be limited or excluded.
To the extent permitted by law, you agree to indemnify, defend, and hold harmless Elder Game and its officers, members, managers, employees, contractors, affiliates, licensors, distributors, and agents from and against claims, damages, liabilities, judgments, awards, losses, costs, expenses, and fees, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms, your misuse of the Services, your user generated content, or your violation of any law or third party right.
If you believe that content available through the Services infringes your copyright, submit aDISPUTE through informal negotiations, either you or ELDER GAME may elect to have the DISPUTE (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND AND HEREBY AGREE THAT YOU HEREBY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. You understand and hereby agree that you hereby waive the right to participate in class action proceedings against ELDER GAME and its affiliates, employees, contractors, officers, directors, vendors, and content providers. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a DISPUTE is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, ELDER GAME will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this TERMS OF SERVICE, you and ELDER GAME may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
D.notice to:
Restrictions on Dispute Proceedings
You and ELDER GAME agree that any arbitration shall be limited to the DISPUTE between ELDER GAME and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any DISPUTE to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any DISPUTE to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that maximum compensation of a lawsuit, mediation, or arbitration shall be limited to the purchase price of Project: Gorgon.
E. Location
Any arbitration shall be initiated in the County of Orlando, State of Florida, United States of America. Any DISPUTE not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Orlando, State of Florida, United States of America, and you and ELDER GAME agree to submit to the personal jurisdiction of that court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
VIII. SECTION EIGHT: Termination
This TERMS OF SERVICE (and all subsequent modifications, if any) shall remain effective until terminated. Both you and ELDER GAME may terminate this TERMS OF SERVICE at any time for any reason or for no reason. Termination by ELDER GAME will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the GAME, which it may do at any time in its sole discretion. You may terminate this TERMS OF SERVICE (and, consequently, your Account, at any time by notifying ELDER GAME at[email protected]. Upon termination of this Agreement,
Attn: Copyright
Your notice should include sufficient information to identify the allegedly infringing material, the work claimed to be infringed, yourright to use the ELDER GAME PRODUCTS shall immediately cease. The following provisions shall survivecontact information, and any termination of this Agreement: Sections VI., VII., and VIII.
other information reasonably necessary for Elder Game to review the complaint.
IX. SECTION NINE: General Terms17.1 Informal Resolution.
A. Remedies. YouBefore filing a legal claim, you agree that this TERMS OF SERVICE are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this TERMS OF SERVICE. You also understand and agree that this TERMS OF SERVICE, the Code of Conduct, the ELDER GAME Privacy Policy, and any other ELDER GAME Terms, including ELDER GAME’S enforcement thereof, are not intended to confer, and do not confer, any rights or remedies upon any person.
B. Severability. If any part of this TERMS OF SERVICE is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of ELDER GAME, and the remaining portions shall remain in full force and effect.
C. Waiver. The failure of ELDER GAME to exercise or enforce any right or provision of this TERMS OF SERVICE or anyto first contact Elder Game Terms will not constitute a waiver of such right or provision, any such waiver being effective only if in a writing signed by ELDER GAME.
D. Force Majeure. ELDER GAME shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Elder Game, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond ELDER GAME’S 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.
F. Governing Law. The laws of Florida, excluding its conflicts-of-law rules, govern this TERMS OF SERVICE, any other ELDER GAME TERMS, and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with ELDER GAME or relating in any way to this TERMS OF SERVICE, any other ELDER GAME TERMS, your Account(s), or your use of any ELDER GAME PRODUCTS resides in the Courts of the State of Florida, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving ELDER GAME or its affiliates, employees, contractors, officers, directors, vendors and content providers. As noted in the TERMS OF SERVICE your conduct may also be subject to other local, state, national, and international laws.
G) Entire Agreement. These TERMS OF SERVICE, the Code of Conduct, the ELDER GAME Privacy Policy, and any other ELDER GAME TERMS constitute the entire agreement between you and ELDER GAME relating to your rights and obligations in the use of ELDER GAME PRODUCTS. If there is any conflict between these TERMS OF SERVICE, the Code of Conduct, the ELDER GAME Privacy Policy, and any other ELDER GAME TERMS, ELDER GAME shall resolve the conflict in its sole discretion.
Project: Gorgon Code of Conduct
Elder Game, LLC. Code of Conduct Version 1.0 Released 03/08/2018.
PLEASE READ THIS CODE OF CONDUCT (“CODE OF CONDUCT”) CAREFULLY AND IN ITS ENTIRETY. BY CLICKING THE “ACCEPT” BUTTON AT THE END OF THE AGREEMENT OR BY USING ELDER GAME, LLC (“ELDER GAME”) PRODUCTS AND/OR SERVICES (“PRODUCTS”), SUCH AS BUT NOT LIMITED TO WEBPAGES (“WEBPAGES”), PROJECT: GORGON (“GAME”), AND THE GAME LAUNCHER (“LAUNCHER”), YOU HEREBY AGREE TO THESE TERMS AND AGREE THAT THEY ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.
ELDER GAME strives to foster a friendly environment where you can enjoy ELDER GAME provided PRODUCTS, discuss and share ideas, give gameplay advice, role-play, and converse about any other aspect that may be interesting to other players. The community forums, website, and in-game community is at its best when participants treat everyone with respect and courtesy. Therefore, we ask that you conduct yourself in a civilized manner when participating in communications on the website, in-game, or any other ELDER GAME provided community area.
The CODE OF CONDUCT explains what type of behavior is expected of you and what behavior that you can expect from other members of the community. Please note: the following guidelines are not exhaustive examples and may not address all manner of offensive behavior. As such, we shall have full discretion to address any behavior that we feel is inappropriate. We reserve the right to suspend or ban your access to ELDER GAME provided PRODUCTS at any time and for any reason including but not limited to your failure to abide by the ELDER GAME TERMS OF SERVICE or this CODE OF CONDUCT. By using ELDER GAME provided PRODUCTS, you explicitly agree to the ELDER GAME TERMS OF SERVICE and the CODE OF CONDUCT as presented here.
We reserve the right to evaluate each incident on a case by case basis. The action we take may be dependent on the individual circumstances of each incident. Any information related to a TERMS OF SERVICE or CODE OF CONDUCT violation is to remain private and shall not be posted or discussed with the general public. Adverse decisions may be appealed by emailingat:
[email protected]
Attn: Legal Dispute
Elder Game will attempt in good faith to resolve disputes informally within 30 days after receiving notice, unless a longer period is required by law or reasonably necessary to address the dispute.
17.2 United States Arbitration.
If you reside in the United States, and except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its applicable Consumer Arbitration Rules.
You and Elder Game each waive the right to a trial by jury.
You and Elder Game each agree that any claim will be brought only in an individual capacity and not as a plaintiff, claimant, or class member in any purported class, consolidated, collective, representative, or private attorney general proceeding, except where such waiver is prohibited by law.
17.3 EU, EEA and UK Users.
If you reside in the European Union, the European Economic Area, or the United Kingdom, this arbitration provision applies only where legally permitted.
You may bring claims in the courts of your country of residence where required by applicable law.
Nothing in these Terms waives mandatory consumer protections or non waivable rights provided by applicable law.
17.4 Small Claims.
Either party may bring an eligible claim in small claims court or an equivalent local tribunal if the claim qualifies and the matter remains on an individual basis.
If you reside in the United States, these Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles, and any court proceeding permitted under these Terms will be brought in Orange County, Florida, unless applicable law requires otherwise.
If you reside outside the United States, including in the European Union, the European Economic Area, or the United Kingdom, you retain the benefit of any mandatory provisions of the law of your country of residence, and nothing in these Terms deprives you of those protections.
Elder Game may suspend, restrict, or terminate access to the Services, remove digital content, remove virtual items, or take other enforcement action if Elder Game reasonably determines that you have violated these Terms, created a security risk, engaged in fraud or abuse, or otherwise exposed Elder Game, the Services, or other users to harm or legal risk.
Where required by law, termination and related enforcement actions will be based on reasonable and proportionate grounds.
Where feasible, Elder Game may provide notice prior to termination, except in cases involving fraud, abuse, security risk, legal obligations, technical necessity, or other circumstances where immediate action is appropriate.
Upon termination, your license ends immediately and your access to the Services, account, virtual items, digital content, and related entitlements may be revoked to the extent permitted by law.
Refunds will not be provided except where required by applicable law.
Elder Game may update these Terms from time to time.
Material changes will be communicated where required by applicable law.
Your continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms, except where applicable law requires additional consent.
If you reside in the European Union, the European Economic Area, or the United Kingdom, you benefit from mandatory consumer protections under the laws of your country of residence.
Nothing in these Terms limits, excludes, or overrides rights that cannot be waived under applicable law.
Refund, withdrawal, conformity, and remedy rights apply where required by law.
You may bring claims in your local courts where provided by applicable law.
These Terms, together withathe Privacy Policy and the Code of Conduct, constitute the entire agreement between you and Elder Game, LLC regarding the Services and supersede prior or contemporaneous understandings, communications, and proposals relating to the same subject matter.
If any provision of these Terms is held invalid, unlawful, or unenforceable, the remaining provisions will remain in fulldetailed description of the incident, but the final decision is at our discretion and is final. The ELDER GAME TERMS OF SERVICE AND CODE OF CONDUCT may change from time to time, and you agree to be bound to those changes, so check back periodically to ensure that you are aware of any changes. Your continued use of ELDER GAME provided PRODUCTS signifies your acceptance of these changes.
The following categories of conduct are not allowed on the community forums, website, in-game or other ELDER GAME provided PRODUCTS:
•Discrimination, Harassment, Defamation or hatred or the promotion thereof in regards to race, color, religion, creed, sex, sexual orientation, gender identity, national origin, and disability;
•Account Trading;
•Discussions or conduct related to extreme sexuality and/or violence;
•Real-Life Threats;
•Distribution of Real-Life Information;
•Using and/or discussing cheats, hacks, viruses, or other malicious programs;
•Impersonating Elder Game Staff, Developers, Moderators or volunteers;
•Using and/or discussing unreleased content and/or hacking data files;
•Using obscene, vulgar, or inappropriate language;
•Harassment and/or Defamation;
•Discussing illegal drugs and/or activities;
•Spamming and/or Trolling;
•Creating duplicate threads and/or reposting previously closed threads;
•Crosslinking threads;
•Advertising;
•Circumventing a Suspension and/or Ban;
•Discussing a Suspension and/or Ban publicly;
•Conduct and/or discussion that is detrimental to the community as determined solelyforce and effect to the maximum extent permitted by ELDER GAME staff.
law.
Project: Gorgon Terms of Service
Elder Game, LLC
PLEASE READ THESE TERMS OF SERVICE (“TERMS OF SERVICE”) CAREFULLY AND IN ITS ENTIRETY. BY CLICKING THE “ACCEPT” BUTTON AT THE END OF THE AGREEMENT OR BY USING ELDER GAME, LLC (“ELDER GAME”) PRODUCTS AND/OR SERVICES (“PRODUCTS”), SUCH AS BUT NOT LIMITED TO WEBPAGES (“WEBPAGES”), PROJECT: GORGON (“GAME”), AND THE GAME LAUNCHER (“LAUNCHER”), YOU HEREBY AGREE TO THESE TERMS AND AGREE THAT THEY ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.
ELDER GAME, at times, may elect to raise funds for PRODUCTS outside standard purchasing avenues. You, the Contributor, may select one or more pledges and pay the indicated amount(s) in accordance with the following agreement between ELDER GAME and you, the Contributor. Any contribution shall be made as a non-refundable donation rather than a standard purchase. Once a donation is made, it is final and will not be refundable under any circumstance. Standard sales and Contributor donations are non-refundable and all sales are final.
Purchasing ELDER GAME related accounts, game keys, virtual items or services from unauthorized third parties is strictly prohibited and associated accounts are subject to permanent termination. If your account is terminated for a breach of the ELDER GAME TERMS, you agree you are not entitled to a refund and agree not to seek one.
This software program, and any files that are provided by ELDER GAME via online transmission or otherwise to “patch”, update, or otherwise modify the software program (the “GAME CLIENT”), as well as any printed materials and any online or electronic documentation (the “MANUAL”), and any and all copies and derivative works of the GAME CLIENT and MANUAL (collectively, with the “GAME CLIENT” and MANUAL, the “GAME MATERIAL”) for the game Project: Gorgon and related modules (the “GAME”) is copyrighted work of ELDER GAME or any of its subsidiaries and affiliates, and their licensors (collectively, “ELDER GAME”). Any and all uses of PRODUCTS are governed by the following, herein, collectively, “ELDER GAMES TERMS” (I) the Terms of Service, (II) the ELDER GAME Privacy Policy and (III) the ELDER GAME Code of Conduct, as any of the foregoing may be amended from time to time. The ELDER GAME Privacy Policy and ELDER GAME Code of Conduct are incorporated herein by this reference. The GAME is distributed solely for the use by authorized end users according to the ELDER GAME TERMS. Any use, reproduction, modification, or distribution of the GAME not expressly authorized by the TERMS OF SERVICE is expressly prohibited.
ELDER GAME may, at its sole discretion, modify or revise these TERMS OF SERVICE and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these TERMS OF SERVICE shall be deemed to confer any third-party rights or benefits.
IF YOU DO NOT AGREE TO THE TERMS OF SERVICE IN ITS ENTIRETY YOU MUST IMMEDIATELY CEASE USE OF ELDER GAME PRODUCTS. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE IN ITS ENTIRETY, YOU ARE NOT ABLE TO ACCESS THE ELDER GAME PRODUCTS (OR ANY PART THEREOF).
I. SECTION ONE: Limited Use License
Subject to the TERMS OF SERVICE and continuing compliance with the ELDER GAME TERMS, ELDER GAME hereby grants to you a limited, personal, non-exclusive, nontransferable, non-assignable, and fully revocable license to (a) install the GAME CLIENT on one or more computers owned by you or under your legitimate control, and (b) use the GAME CLIENT in conjunction with the online service and ELDER GAME provided websites and content for your non-commercial entertainment purposes only. You must accept the TERMS OF SERVICE to use the GAME CLIENT, access ELDER GAME provided content, and to play the GAME. The license is revocable at our sole discretion.
You agree that you will not, under any circumstances:
•In whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the GAME MATERIAL; provided, however, that you may make copies of the GAME CLIENT and MANUAL for personal purposes only;
•Exploit the GAME or any of its parts, including without limitation the GAME CLIENT, for any commercial purpose, including without limitation (a) use at a cyber café, computer gaming center or any other location-based site; (b) for gathering in-game virtual items or resources for sale outside the GAME; or (C) perform in-game services in exchange for payment outside the GAME, e.g., power-leveling;
•Use any unauthorized third-party software that intercepts, “mines” or otherwise collects information from or through the GAME of the WEBPAGES, including without limitation any software that reads areas of RAM used by the GAME to store information about a character or the game environment; provided however, that ELDER GAME may, at its sole and absolute discretion, allow the use of certain third-party modifications;
•Modify or cause to be modified any files that are part of the GAME CLIENT in any way not expressly authorized by ELDER GAME;
•Intercept, emulate or redirect the communication protocols used by ELDER GAME in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
•Facilitate, create or maintain any unauthorized connection to the GAME or the WEBPAGES including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the GAME or WEBPAGES; and (b) any connection using programs or tools not expressly approved by ELDER GAME;
•Sell, grant a security interest in or transfer reproductions6 of the GAME to other parties in any way not expressly authorized herein, or rent, lease or license the GAME to others.
•Access the GAME using more than one accounts simultaneously, e.g., multi-boxing.
II. SECTION TWO: ELDER GAME Ownership
“CONTENT” as used herein includes (a) software, software updates or patches, or other utilities and tools from ELDER GAME or its licensors (“ELDER GAME SOFTWARE”) and (b) other software, technology, text and audiovisual material, the design and appearance of the WEBPAGES. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, player character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user accounts, and methods of operation, Content is provided by ELDER GAME and its licensors, and may also be contributed as USER CONTENT by you or third parties, including other users of ELDER GAME PRODUCTS.
CONTENT on ELDER GAME PRODUCTS are owned by ELDER GAME or ELDER GAME’S third-party licensors and is protected by the US and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any CONTENT from ELDER GAME PRODUCTS unless the ELDER GAME TERMS expressly authorize you to do so.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to CONTENT. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of CONTENT. ELDER GAME reserves all rights in ELDER GAME owned and licensed CONTENT that are not expressly granted to you in the TERMS OF SERVICE. You acknowledge that ELDER GAME and/or third-party content providers remain the owners of all materials posted on the WEBPAGES and in the GAME and that you do not acquire any of those ownership rights by downloading copyrighted materials.
ELDER GAME reserves the right to use owned CONTENT, including but not limited to, player character names, likenesses, and character data, for any purposes, including but not limited to, promotional, advertising, and marketing material.
Making unauthorized copies of CONTENT found on ELDER GAME PRODUCTS may result in the termination of your Account(s), the prohibition of the use of ELDER GAME PRODUCTS, and further legal action. CONTENT owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless ELDER GAME from any unauthorized or illegal conduct by you, or through the use of your Account, on ELDER GAME PRODUCTS.
III. SECTION THREE: Patches and Updates
IMPORTANT: ELDER GAME MAY FIND IT NECESSARY TO MAKE UPDATES, OR PATCHES TO THE GAME CLIENT, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF ELDER GAME PRODUCTS. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. ELDER GAME RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
IV. SECTION FOUR: Duration of Online Services
This GAME is an online game that must be played over the internet through the launcher as provided by ELDER GAME. You understand and agree that the GAME is provided by ELDER GAME and at its discretion may be terminated or otherwise discontinued by ELDER GAME pursuant to the TERMS OF SERVICE.
V. SECTION FIVE: Consent to Monitor
When you play the GAME or participate in any other ELDER GAME Service, including the communication features on the WEBPAGES, your IP address (the Internet protocol address from which you access any of the above) may be stored in our records. When the GAME, or any element or module thereof, is updated or "patched," our patch routine may check your computer to see that you have the most recent version of game-specific files; when you communicate within the GAME or any communication feature in the GAME or on the WEBPAGES (e.g. live chat, instant message services and the like), even "privately" to another person, you do so with the understanding that those communications go through our servers, can be monitored by us. Accordingly, you have no expectation of privacy in any of those communications and, accordingly, you expressly consent to the monitoring of communications that you send and receive. You may view the ELDER GAME Privacy Policy on our website.
You agree that you are responsible for the content of all communications associated with your account. In the event of unacceptable content within such communications, you understand that ELDER GAME may exercise its rights to remove said content and possibly initiate further action. Inappropriate language, inflammatory or combative behavior, personal attacks, threats of litigation, adult content, privacy violations, spam, and solicitations are some of the reasons that can be cause for content moderation or further action. You understand that the application of ELDER GAME’S right to take action against these communications is at the discretion of ELDER GAME management, employees, and moderators. In certain cases, permanent actions against the user's account may be instituted. Any such permanent actions are reviewed by ELDER GAME management.
You agree that we may communicate with you via telephone, email and any similar technology for any purpose relating to the GAME, and any ELDER GAME Service or ELDER GAME SOFTWARE which may in the future be provided by us or on our behalf. You expressly permit ELDER GAME 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. In the event that the GAME detects an unauthorized third party program, (a) the GAME may communicate information back to us, including without limitation your Account username, details about the unauthorized third party program detected and the activities or functions performed thereby, and/or (b) we may exercise any or all of its rights and remedies under the TERMS OF SERVICE without prior notice to the user(s) linked to such unauthorized third party program.
VI. SECTION SIX: Disclaimers & Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME, THE WEBPAGES, OR ANY OTHER ELDER GAME PRODUCTS, ELDER GAME SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. ELDER GAME PRODUCTS, ELDER GAME SOFTWARE, ELDER GAME'S PRODUCTS, AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. ELDER GAME PROVIDES ELDER GAME PRODUCTS ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE ELDER GAME PRODUCTS AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ELDER GAME WILL HAVE ADEQUATE CAPACITY FOR ELDER GAME PRODUCTS AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ELDER GAME OR ITS LICENSORS IS TO STOP USING ELDER GAME PRODUCTS, AND TO CANCEL YOUR ELDER GAME ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT ELDER GAME, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY ELDER GAME PRODUCTS OR USE OF ELDER GAME SOFTWARE. IN NO CASE SHALL ELDER GAME OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "ELDER GAME AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO ELDER GAME FOR ELDER GAME PRODUCTS. IN NO CASE SHALL ELDER GAME OR ELDER GAME AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL. OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF ELDER GAME PRODUCTS, ELDER GAME SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF ELDER GAME PRODUCTS OR ACCOUNTS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ELDER GAME'S AND ELDER GAME AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ELDER GAME DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH ELDER GAME AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
B.
Upon ELDER GAME’S request, you agree to defend, indemnify and hold harmless ELDER GAME and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these TERMS OF SERVICE, or any other ELDER GAME Terms, for which you are responsible or in connection with your distribution of any CONTENT on or through ELDER GAME PRODUCTS. Without limiting the generality of the foregoing, you agree to indemnify and hold ELDER GAME harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of ELDER GAME PRODUCTS and for all of your communication and activity on ELDER GAME PRODUCTS, including any User Content you contribute, and that you will indemnify and hold harmless ELDER GAME, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on ELDER GAME PRODUCTS, including any User Content that you contribute.
ELDER GAME reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to ELDER GAME in that matter.
VII. SECTION SEVEN: Disputes & Binding Arbitration
A.
You hereby acknowledge and agree that ELDER GAME would suffer irreparable harm if this TERMS OF SERVICE or any of the ELDER GAME Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that ELDER GAME shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this TERMS OF SERVICE or any other ELDER GAME Terms. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this TERMS OF SERVICE or the ELDER GAME TERMS and consistent with the terms of this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
B.
To expedite resolution and control the cost of any dispute, controversy or claim related to this TERMS OF SERVICE or any other ELDER GAME TERMS ("Dispute"), you and ELDER GAME agree to first attempt to negotiate any DISPUTE (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. ELDER GAME will send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to ELDER GAME, 304 S. Jones Blvd #3287, Las Vegas NV 89107 Attn: DISPUTE RESOLUTION with a copy via email to
C.
1. Acceptance of Terms.
PLEASE READ THESE TERMS CAREFULLY.
By doing any of the following, you agree to be legally bound by these Terms:
These activities are collectively referred to as the “Services,” including Project: Gorgon, the “Game.”
If you
2. Eligibility.
You must be at least 13 years old, or the minimum legal age required in your jurisdiction, to use the Services.
If you are under the age of majority in your jurisdiction, a parent or legal guardian must review and accept these Terms on your behalf and is responsible for your use of the Services.
You represent and warrant that you have the legal capacity to enter into this agreement.
3. Account Registration and Security.
You are responsible for all activity that occurs under your account.
You agree to:
- Maintain the confidentiality of your login credentials.
- Not share, sell, transfer, or otherwise allow another person to use your account.
- Notify Elder Game immediately of any unauthorized access to or use of your account.
- Provide accurate and current account information.
Elder Game may suspend, restrict, lock, or otherwise secure accounts where unauthorized activity, security concerns, fraud, or abuse are suspected.
4. Digital Content, Payments and Refunds.
4.1 Nature of Purchases.
All purchases and grants of access through the Services provide a limited license to digital content, service entitlements, virtual items, or related in game features.
These items are licensed, not sold, and have no real world monetary value unless otherwise required by applicable law.
You acknowledge that you receive no property or ownership interest in any digital content, virtual currency, virtual item, character progression, account status, or other in game feature.
4.2 General Refund Policy.
To the maximum extent permitted by law, all sales are final and no refunds will be provided after digital content has been delivered or access to the Services has begun.
Third party platforms, including Steam, may apply their own refund policies, billing terms, and procedures. Transactions processed by those platforms are also subject to their terms.
Nothing in this Section limits rights provided under applicable consumer protection laws.
4.3 EU, EEA and UK Withdrawal Rights.
If you are located in the European Union, the European Economic Area, or the United Kingdom, you may have a statutory right to withdraw from certain purchases of digital content within 14 days.
However, by purchasing digital content and requesting immediate access to it, you expressly consent to immediate performance and acknowledge that you lose your right of withdrawal once performance begins, to the extent permitted by applicable law.
4.4 EU, EEA and UK Digital Content Rights.
If you are located in the European Union, the European Economic Area, or the United Kingdom, digital content and digital services will be provided in conformity with applicable law.
You may be entitled to legal remedies if digital content or digital services are defective, inaccessible, materially nonconforming, or not as described.
4.5 Chargebacks and Payment Disputes.
Unauthorized chargebacks, reversals, or payment disputes may result in immediate account suspension or termination.
Access to digital entitlements, virtual items, and the Services may be revoked where permitted by law.
Elder Game reserves the right to dispute chargebacks and payment reversals and to recover associated costs, fees, losses, and administrative expenses to the extent permitted by law.
4.6 Unauthorized Transactions.
Purchasing, selling, exchanging, gifting for value, or otherwise transferring accounts, virtual currency, items, power leveling services, or related services from unauthorized third parties is strictly prohibited.
5. License Grant.
Subject to your compliance with these Terms, Elder Game grants you a limited, revocable, non exclusive, non transferable, non sublicensable license to:
- Install and use the Game client on devices you own or control.
- Access and use the Services for your personal, non commercial entertainment use.
This license may be suspended or revoked if you violate these Terms or if Elder Game reasonably determines that suspension or revocation is necessary to protect the Services, other users, or Elder Game.
You may not:
- Reverse engineer, decompile, disassemble, modify, adapt, or create derivative works from the Game client or Services except where such restriction is prohibited by law.
- Use bots, macros, scripts, automation, data mining tools, packet interception tools, memory editing tools, or any unauthorized software or hardware in connection with the Services.
- Operate, assist, develop, advertise, or use private servers, emulators, cheats, exploits, or unauthorized modifications.
- Exploit the Game or Services for commercial purposes without Elder Game’s prior written consent.
- Circumvent, disable, or interfere with technical protection measures, access controls, or security features.
- Use multiple accounts simultaneously to gain an unfair gameplay advantage unless Elder Game expressly permits such conduct.
6. Ownership and Intellectual Property.
All rights, title, and interest in and to the Services, including the Game, software, code, visual assets, audio, music, writing, dialogue, characters, names, logos, account systems, user interface elements, gameplay systems, documentation, and all related content, are owned by Elder Game or its licensors and are protected by intellectual property and other applicable laws.
You receive a limited license only. You do not acquire any ownership rights in the Services or any related content.
Elder Game may use character names, guild names, user names, screenshots, gameplay footage, and similar content for promotional, community, marketing, archival, or business purposes without compensation to you, subject to applicable law.
7. User Generated Content.
If you submit, upload, transmit, post, or otherwise make available any content through the Services, including forum posts, chat messages, screenshots, videos, feedback, suggestions, or other materials, you grant Elder Game a worldwide, perpetual, irrevocable, royalty free, fully paid, transferable, sublicensable license to host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, and otherwise use such content for operating, improving, promoting, marketing, and supporting the Services.
You represent and warrant that you have all necessary rights to grant this license and that your content does not violate any law or third party right.
Elder Game may monitor, remove, restrict, edit, or refuse to display user generated content at its discretion, subject to applicable law.
8. Mods, Tools and Anti Cheat.
Unauthorized software and prohibited conduct include the use of bots, macros, memory editors, packet interception tools, automation systems, unauthorized overlays that affect gameplay, or any tool intended to alter, automate, manipulate, intercept, or gain unfair advantage in the Services.
Use of prohibited software or conduct may result in immediate suspension, permanent ban, data removal, item removal, rollback, restriction of access, or other enforcement action.
You consent to the use of reasonable technical measures designed to detect security threats, prohibited software, unauthorized modifications, and violations of these Terms, subject to applicable law and our Privacy Policy.
9. Live Service Changes.
The Game is a live service and is subject to ongoing updates, balancing, maintenance, changes, and operational decisions.
Elder Game may patch, rebalance, alter characters, modify classes, adjust progression, add features, remove features, reset data, wipe test environments, change economies, modify digital items, or otherwise alter the Services at any time.
No compensation is owed for such changes except where required by applicable law.
10. Service Availability.
The Services require internet connectivity, compatible hardware or software, and functioning authentication or related systems.
Elder Game does not guarantee that the Services will be uninterrupted, secure, error free, or available at all times.
Elder Game may interrupt, suspend, modify, discontinue, or restrict access to some or all of the Services at any time, with or without notice, subject to applicable law.
11. Monitoring and Privacy.
Elder Game may collect, use, disclose, and otherwise process personal data and service related information, including IP addresses, device identifiers, gameplay activity, account information, technical logs, and communications, for purposes including account administration, security, fraud prevention, cheat detection, moderation, analytics, customer support, service improvement, and legal compliance.
All data processing is conducted in accordance with the Privacy Policy located at:
https://projectgorgon.com/privacy.html
Where applicable, you have rights regarding your personal data, including rights of access, correction, deletion, restriction, objection, and portability, as described in our Privacy Policy and applicable law.
Nothing in these Terms limits your statutory privacy or data protection rights under applicable law.
You understand that communications made in public or shared in game spaces may be visible to other users and may be monitored or reviewed for moderation, safety, security, and enforcement purposes in accordance with applicable law and the Privacy Policy.
12. Code of Conduct.
You must follow the Code of Conduct located at:
https://projectgorgon.com/conduct.html
You may not harass other users, impersonate staff, exploit bugs, evade moderation, disrupt the Services, engage in fraud, or otherwise violate the Code of Conduct or these Terms.
Violations may result in warnings, content removal, chat restrictions, suspensions, permanent bans, item removal, rollback, or other enforcement action.
Enforcement will be based on reasonable and proportionate grounds where required by law.
Where appropriate and feasible, Elder Game may provide notice or an opportunity to appeal certain enforcement actions, except in cases involving fraud, abuse, security risks, legal obligations, or other circumstances where immediate action is appropriate.
13. Disclaimers.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
ELDER GAME
ELDER GAME DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, SECURE, OR FREE OF LOSS, CORRUPTION, OR HARMFUL COMPONENTS.
Nothing in these Terms excludes any warranty or legal guarantee that cannot be excluded under applicable law.
14. Limitation of Liability.
To the maximum extent permitted by law, Elder Game and its officers, members, managers, employees, contractors, affiliates, licensors, distributors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, data, use, or other intangible losses, arising out of or relating to the Services or these Terms.
To the maximum extent permitted by law, the total aggregate liability of Elder Game arising out of or relating to the Services or these Terms will not exceed the total amount paid by you directly to Elder Game for the Services during the 12 months immediately preceding the event giving rise to the claim.
This Section does not limit liability where such limitation is prohibited by law, including liability for fraud, willful misconduct, gross negligence, death, personal injury caused by negligence, or any other liability that cannot lawfully be limited or excluded.
15. Indemnification.
To the extent permitted by law, you agree to indemnify, defend, and hold harmless Elder Game and its officers, members, managers, employees, contractors, affiliates, licensors, distributors, and agents from and against claims, damages, liabilities, judgments, awards, losses, costs, expenses, and fees, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms, your misuse of the Services, your user generated content, or your violation of any law or third party right.
16. Copyright Complaints.
If you believe that content available through the Services infringes your copyright, submit a
D.
You and ELDER GAME agree that any arbitration shall be limited to the DISPUTE between ELDER GAME and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any DISPUTE to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any DISPUTE to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that maximum compensation of a lawsuit, mediation, or arbitration shall be limited to the purchase price of Project: Gorgon.
E. Location
Any arbitration shall be initiated in the County of Orlando, State of Florida, United States of America. Any DISPUTE not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Orlando, State of Florida, United States of America, and you and ELDER GAME agree to submit to the personal jurisdiction of that court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
VIII. SECTION EIGHT: Termination
This TERMS OF SERVICE (and all subsequent modifications, if any) shall remain effective until terminated. Both you and ELDER GAME may terminate this TERMS OF SERVICE at any time for any reason or for no reason. Termination by ELDER GAME will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the GAME, which it may do at any time in its sole discretion. You may terminate this TERMS OF SERVICE (and, consequently, your Account, at any time by notifying ELDER GAME at
Attn: Copyright
Your notice should include sufficient information to identify the allegedly infringing material, the work claimed to be infringed, your
17. Dispute Resolution.
B. Severability. If any part of this TERMS OF SERVICE is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of ELDER GAME, and the remaining portions shall remain in full force and effect.
C. Waiver. The failure of ELDER GAME to exercise or enforce any right or provision of this TERMS OF SERVICE or any
D. Force Majeure. ELDER GAME shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Elder Game, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond ELDER GAME’S 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.
F. Governing Law. The laws of Florida, excluding its conflicts-of-law rules, govern this TERMS OF SERVICE, any other ELDER GAME TERMS, and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with ELDER GAME or relating in any way to this TERMS OF SERVICE, any other ELDER GAME TERMS, your Account(s), or your use of any ELDER GAME PRODUCTS resides in the Courts of the State of Florida, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving ELDER GAME or its affiliates, employees, contractors, officers, directors, vendors and content providers. As noted in the TERMS OF SERVICE your conduct may also be subject to other local, state, national, and international laws.
G) Entire Agreement. These TERMS OF SERVICE, the Code of Conduct, the ELDER GAME Privacy Policy, and any other ELDER GAME TERMS constitute the entire agreement between you and ELDER GAME relating to your rights and obligations in the use of ELDER GAME PRODUCTS. If there is any conflict between these TERMS OF SERVICE, the Code of Conduct, the ELDER GAME Privacy Policy, and any other ELDER GAME TERMS, ELDER GAME shall resolve the conflict in its sole discretion.
Project: Gorgon Code of Conduct
Elder Game, LLC. Code of Conduct Version 1.0 Released 03/08/2018.
PLEASE READ THIS CODE OF CONDUCT (“CODE OF CONDUCT”) CAREFULLY AND IN ITS ENTIRETY. BY CLICKING THE “ACCEPT” BUTTON AT THE END OF THE AGREEMENT OR BY USING ELDER GAME, LLC (“ELDER GAME”) PRODUCTS AND/OR SERVICES (“PRODUCTS”), SUCH AS BUT NOT LIMITED TO WEBPAGES (“WEBPAGES”), PROJECT: GORGON (“GAME”), AND THE GAME LAUNCHER (“LAUNCHER”), YOU HEREBY AGREE TO THESE TERMS AND AGREE THAT THEY ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.
ELDER GAME strives to foster a friendly environment where you can enjoy ELDER GAME provided PRODUCTS, discuss and share ideas, give gameplay advice, role-play, and converse about any other aspect that may be interesting to other players. The community forums, website, and in-game community is at its best when participants treat everyone with respect and courtesy. Therefore, we ask that you conduct yourself in a civilized manner when participating in communications on the website, in-game, or any other ELDER GAME provided community area.
The CODE OF CONDUCT explains what type of behavior is expected of you and what behavior that you can expect from other members of the community. Please note: the following guidelines are not exhaustive examples and may not address all manner of offensive behavior. As such, we shall have full discretion to address any behavior that we feel is inappropriate. We reserve the right to suspend or ban your access to ELDER GAME provided PRODUCTS at any time and for any reason including but not limited to your failure to abide by the ELDER GAME TERMS OF SERVICE or this CODE OF CONDUCT. By using ELDER GAME provided PRODUCTS, you explicitly agree to the ELDER GAME TERMS OF SERVICE and the CODE OF CONDUCT as presented here.
We reserve the right to evaluate each incident on a case by case basis. The action we take may be dependent on the individual circumstances of each incident. Any information related to a TERMS OF SERVICE or CODE OF CONDUCT violation is to remain private and shall not be posted or discussed with the general public. Adverse decisions may be appealed by emailing
[email protected]
Attn: Legal Dispute
Elder Game will attempt in good faith to resolve disputes informally within 30 days after receiving notice, unless a longer period is required by law or reasonably necessary to address the dispute.
17.2 United States Arbitration.
If you reside in the United States, and except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its applicable Consumer Arbitration Rules.
You and Elder Game each waive the right to a trial by jury.
You and Elder Game each agree that any claim will be brought only in an individual capacity and not as a plaintiff, claimant, or class member in any purported class, consolidated, collective, representative, or private attorney general proceeding, except where such waiver is prohibited by law.
17.3 EU, EEA and UK Users.
If you reside in the European Union, the European Economic Area, or the United Kingdom, this arbitration provision applies only where legally permitted.
You may bring claims in the courts of your country of residence where required by applicable law.
Nothing in these Terms waives mandatory consumer protections or non waivable rights provided by applicable law.
17.4 Small Claims.
Either party may bring an eligible claim in small claims court or an equivalent local tribunal if the claim qualifies and the matter remains on an individual basis.
18. Governing Law.
If you reside in the United States, these Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles, and any court proceeding permitted under these Terms will be brought in Orange County, Florida, unless applicable law requires otherwise.
If you reside outside the United States, including in the European Union, the European Economic Area, or the United Kingdom, you retain the benefit of any mandatory provisions of the law of your country of residence, and nothing in these Terms deprives you of those protections.
19. Termination.
Elder Game may suspend, restrict, or terminate access to the Services, remove digital content, remove virtual items, or take other enforcement action if Elder Game reasonably determines that you have violated these Terms, created a security risk, engaged in fraud or abuse, or otherwise exposed Elder Game, the Services, or other users to harm or legal risk.
Where required by law, termination and related enforcement actions will be based on reasonable and proportionate grounds.
Where feasible, Elder Game may provide notice prior to termination, except in cases involving fraud, abuse, security risk, legal obligations, technical necessity, or other circumstances where immediate action is appropriate.
Upon termination, your license ends immediately and your access to the Services, account, virtual items, digital content, and related entitlements may be revoked to the extent permitted by law.
Refunds will not be provided except where required by applicable law.
20. Changes to Terms.
Elder Game may update these Terms from time to time.
Material changes will be communicated where required by applicable law.
Your continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms, except where applicable law requires additional consent.
21. Regional Consumer Rights.
If you reside in the European Union, the European Economic Area, or the United Kingdom, you benefit from mandatory consumer protections under the laws of your country of residence.
Nothing in these Terms limits, excludes, or overrides rights that cannot be waived under applicable law.
Refund, withdrawal, conformity, and remedy rights apply where required by law.
You may bring claims in your local courts where provided by applicable law.
22. Entire Agreement.
These Terms, together with
If any provision of these Terms is held invalid, unlawful, or unenforceable, the remaining provisions will remain in full
The following categories of conduct are not allowed on the community forums, website, in-game or other ELDER GAME provided PRODUCTS:
•Discrimination, Harassment, Defamation or hatred or the promotion thereof in regards to race, color, religion, creed, sex, sexual orientation, gender identity, national origin, and disability;
•Account Trading;
•Discussions or conduct related to extreme sexuality and/or violence;
•Real-Life Threats;
•Distribution of Real-Life Information;
•Using and/or discussing cheats, hacks, viruses, or other malicious programs;
•Impersonating Elder Game Staff, Developers, Moderators or volunteers;
•Using and/or discussing unreleased content and/or hacking data files;
•Using obscene, vulgar, or inappropriate language;
•Harassment and/or Defamation;
•Discussing illegal drugs and/or activities;
•Spamming and/or Trolling;
•Creating duplicate threads and/or reposting previously closed threads;
•Crosslinking threads;
•Advertising;
•Circumventing a Suspension and/or Ban;
•Discussing a Suspension and/or Ban publicly;
•Conduct and/or discussion that is detrimental to the community as determined solely
~
<div class="bb_h1">Project: Gorgon Terms of Service</div> <br>
<b>
Project: Gorgon
Elder Game, LLC
Terms of Service Agreement</b><br>
<br>
<b>Version 3.0. Effective April 22, 2026.</b> <br> <br>
Elder Game, LLC
Terms of Service Agreement Version 1.0 Released 03/08/2018.<br><br>PLEASE READ THESE TERMS OF SERVICE (“TERMS OF SERVICE”) CAREFULLY AND IN ITS ENTIRETY. BY CLICKING THE “ACCEPT” BUTTON AT THE END OF THE AGREEMENT OR BY USING ELDER GAME, LLC (“ELDER GAME”) PRODUCTS AND/OR SERVICES (“PRODUCTS”), SUCH AS BUT NOT LIMITED TO WEBPAGES (“WEBPAGES”), PROJECT: GORGON (“GAME”), AND THE GAME LAUNCHER (“LAUNCHER”), YOU HEREBY AGREE TO THESE TERMS AND AGREE THAT THEY ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.<br><br>ELDER GAME, at times, may elect to raise funds for PRODUCTS outside standard purchasing avenues. You, the Contributor, may select one or more pledges and pay the indicated amount(s) in accordance with the following agreement between ELDER GAME and you, the Contributor. Any contribution shall be made as a non-refundable donation rather than a standard purchase. Once a donation is made, it is final and will not be refundable under any circumstance. Standard sales and Contributor donations are non-refundable and all sales are final.<br><br>Purchasing ELDER GAME related accounts, game keys, virtual items or services from unauthorized third parties is strictly prohibited and associated accounts are subject to permanent termination. If your account is terminated for a breach of the ELDER GAME TERMS, you agree you are not entitled to a refund and agree not to seek one. <br><br>This software program, and any files that are provided by ELDER GAME via online transmission or otherwise to “patch”, update, or otherwise modify the software program (the “GAME CLIENT”), as well as any printed materials and any online or electronic documentation (the “MANUAL”), and any and all copies and derivative works of the GAME CLIENT and MANUAL (collectively, with the “GAME CLIENT” and MANUAL, the “GAME MATERIAL”) for the game Project: Gorgon and related modules (the “GAME”) is copyrighted work of ELDER GAME or any of its subsidiaries and affiliates, and their licensors (collectively, “ELDER GAME”). Any and all uses of PRODUCTS are governed by the following, herein, collectively, “ELDER GAMES TERMS” (I) the Terms of Service, (II) the ELDER GAME Privacy Policy and (III) the ELDER GAME Code of Conduct, as any of the foregoing may be amended from time to time. The ELDER GAME Privacy Policy and ELDER GAME Code of Conduct are incorporated herein by this reference. The GAME is distributed solely for the use by authorized end users according to the ELDER GAME TERMS. Any use, reproduction, modification, or distribution of the GAME not expressly authorized by the TERMS OF SERVICE is expressly prohibited.<br><br>ELDER GAME may, at its sole discretion, modify or revise these TERMS OF SERVICE and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these TERMS OF SERVICE shall be deemed to confer any third-party rights or benefits.<br><br>IF YOU DO NOT AGREE TO THE TERMS OF SERVICE IN ITS ENTIRETY YOU MUST IMMEDIATELY CEASE USE OF ELDER GAME PRODUCTS. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE IN ITS ENTIRETY, YOU ARE NOT ABLE TO ACCESS THE ELDER GAME PRODUCTS (OR ANY PART THEREOF).<br><br><b>I. SECTION ONE: Limited Use License</b><br>Subject to the TERMS OF SERVICE and continuing compliance with the ELDER GAME TERMS, ELDER GAME hereby grants to you a limited, personal, non-exclusive, nontransferable, non-assignable, and fully revocable license to (a) install the GAME CLIENT on one or more computers owned by you or under your legitimate control, and (b) use the GAME CLIENT in conjunction with the online service and ELDER GAME provided websites and content for your non-commercial entertainment purposes only. You must accept the TERMS OF SERVICE to use the GAME CLIENT, access ELDER GAME provided content, and to play the GAME. The license is revocable at our sole discretion.<br><br>You agree that you will not, under any circumstances:<br><br>•In whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the GAME MATERIAL; provided, however, that you may make copies of the GAME CLIENT and MANUAL for personal purposes only;<br>•Exploit the GAME or any of its parts, including without limitation the GAME CLIENT, for any commercial purpose, including without limitation (a) use at a cyber café, computer gaming center or any other location-based site; (b) for gathering in-game virtual items or resources for sale outside the GAME; or (C) perform in-game services in exchange for payment outside the GAME, e.g., power-leveling;<br>•Use any unauthorized third-party software that intercepts, “mines” or otherwise collects information from or through the GAME of the WEBPAGES, including without limitation any software that reads areas of RAM used by the GAME to store information about a character or the game environment; provided however, that ELDER GAME may, at its sole and absolute discretion, allow the use of certain third-party modifications;<br>•Modify or cause to be modified any files that are part of the GAME CLIENT in any way not expressly authorized by ELDER GAME;<br>•Intercept, emulate or redirect the communication protocols used by ELDER GAME in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;<br>•Facilitate, create or maintain any unauthorized connection to the GAME or the WEBPAGES including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the GAME or WEBPAGES; and (b) any connection using programs or tools not expressly approved by ELDER GAME;<br>•Sell, grant a security interest in or transfer reproductions6 of the GAME to other parties in any way not expressly authorized herein, or rent, lease or license the GAME to others.<br>•Access the GAME using more than one accounts simultaneously, e.g., multi-boxing.<br><br><b>II. SECTION TWO: ELDER GAME Ownership</b><br>“CONTENT” as used herein includes (a) software, software updates or patches, or other utilities and tools from ELDER GAME or its licensors (“ELDER GAME SOFTWARE”) and (b) other software, technology, text and audiovisual material, the design and appearance of the WEBPAGES. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, player character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user accounts, and methods of operation, Content is provided by ELDER GAME and its licensors, and may also be contributed as USER CONTENT by you or third parties, including other users of ELDER GAME PRODUCTS.<br><br>CONTENT on ELDER GAME PRODUCTS are owned by ELDER GAME or ELDER GAME’S third-party licensors and is protected by the US and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any CONTENT from ELDER GAME PRODUCTS unless the ELDER GAME TERMS expressly authorize you to do so.<br><br>You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to CONTENT. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of CONTENT. ELDER GAME reserves all rights in ELDER GAME owned and licensed CONTENT that are not expressly granted to you in the TERMS OF SERVICE. You acknowledge that ELDER GAME and/or third-party content providers remain the owners of all materials posted on the WEBPAGES and in the GAME and that you do not acquire any of those ownership rights by downloading copyrighted materials.<br><br>ELDER GAME reserves the right to use owned CONTENT, including but not limited to, player character names, likenesses, and character data, for any purposes, including but not limited to, promotional, advertising, and marketing material.<br>Making unauthorized copies of CONTENT found on ELDER GAME PRODUCTS may result in the termination of your Account(s), the prohibition of the use of ELDER GAME PRODUCTS, and further legal action. CONTENT owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless ELDER GAME from any unauthorized or illegal conduct by you, or through the use of your Account, on ELDER GAME PRODUCTS.<br><br><b>III. SECTION THREE: Patches and Updates</b><br>IMPORTANT: ELDER GAME MAY FIND IT NECESSARY TO MAKE UPDATES, OR PATCHES TO THE GAME CLIENT, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF ELDER GAME PRODUCTS. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. ELDER GAME RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.<br><br><b>IV. SECTION FOUR: Duration of Online Services</b><br>This GAME is an online game that must be played over the internet through the launcher as provided by ELDER GAME. You understand and agree that the GAME is provided by ELDER GAME and at its discretion may be terminated or otherwise discontinued by ELDER GAME pursuant to the TERMS OF SERVICE. <br><br><b>V. SECTION FIVE: Consent to Monitor</b><br>When you play the GAME or participate in any other ELDER GAME Service, including the communication features on the WEBPAGES, your IP address (the Internet protocol address from which you access any of the above) may be stored in our records. When the GAME, or any element or module thereof, is updated or "patched," our patch routine may check your computer to see that you have the most recent version of game-specific files; when you communicate within the GAME or any communication feature in the GAME or on the WEBPAGES (e.g. live chat, instant message services and the like), even "privately" to another person, you do so with the understanding that those communications go through our servers, can be monitored by us. Accordingly, you have no expectation of privacy in any of those communications and, accordingly, you expressly consent to the monitoring of communications that you send and receive. You may view the ELDER GAME Privacy Policy on our website.<br><br>You agree that you are responsible for the content of all communications associated with your account. In the event of unacceptable content within such communications, you understand that ELDER GAME may exercise its rights to remove said content and possibly initiate further action. Inappropriate language, inflammatory or combative behavior, personal attacks, threats of litigation, adult content, privacy violations, spam, and solicitations are some of the reasons that can be cause for content moderation or further action. You understand that the application of ELDER GAME’S right to take action against these communications is at the discretion of ELDER GAME management, employees, and moderators. In certain cases, permanent actions against the user's account may be instituted. Any such permanent actions are reviewed by ELDER GAME management.<br><br>You agree that we may communicate with you via telephone, email and any similar technology for any purpose relating to the GAME, and any ELDER GAME Service or ELDER GAME SOFTWARE which may in the future be provided by us or on our behalf. You expressly permit ELDER GAME 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. In the event that the GAME detects an unauthorized third party program, (a) the GAME may communicate information back to us, including without limitation your Account username, details about the unauthorized third party program detected and the activities or functions performed thereby, and/or (b) we may exercise any or all of its rights and remedies under the TERMS OF SERVICE without prior notice to the user(s) linked to such unauthorized third party program.<br><br><b>VI. SECTION SIX: Disclaimers & Indemnification</b><br>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME, THE WEBPAGES, OR ANY OTHER ELDER GAME PRODUCTS, ELDER GAME SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. ELDER GAME PRODUCTS, ELDER GAME SOFTWARE, ELDER GAME'S PRODUCTS, AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. ELDER GAME PROVIDES ELDER GAME PRODUCTS ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE ELDER GAME PRODUCTS AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ELDER GAME WILL HAVE ADEQUATE CAPACITY FOR ELDER GAME PRODUCTS AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK.<br><br>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ELDER GAME OR ITS LICENSORS IS TO STOP USING ELDER GAME PRODUCTS, AND TO CANCEL YOUR ELDER GAME ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT ELDER GAME, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY ELDER GAME PRODUCTS OR USE OF ELDER GAME SOFTWARE. IN NO CASE SHALL ELDER GAME OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "ELDER GAME AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO ELDER GAME FOR ELDER GAME PRODUCTS. IN NO CASE SHALL ELDER GAME OR ELDER GAME AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL. OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF ELDER GAME PRODUCTS, ELDER GAME SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF ELDER GAME PRODUCTS OR ACCOUNTS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ELDER GAME'S AND ELDER GAME AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ELDER GAME DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH ELDER GAME AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.<br><br>B.
<br>
Indemnification<br><br>Upon ELDER GAME’S request, you agree to defend, indemnify and hold harmless ELDER GAME and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these TERMS OF SERVICE, or any other ELDER GAME Terms, for which you are responsible or in connection with your distribution of any CONTENT on or through ELDER GAME PRODUCTS. Without limiting the generality of the foregoing, you agree to indemnify and hold ELDER GAME harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of ELDER GAME PRODUCTS and for all of your communication and activity on ELDER GAME PRODUCTS, including any User Content you contribute, and that you will indemnify and hold harmless ELDER GAME, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on ELDER GAME PRODUCTS, including any User Content that you contribute.<br><br>ELDER GAME reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to ELDER GAME in that matter.<br><br><b>VII. SECTION SEVEN: Disputes & Binding Arbitration</b><br>A.
304 S. Jones Blvd #3287<br>
Equitable Remedies<br>You hereby acknowledge and agree that ELDER GAME would suffer irreparable harm if this TERMS OF SERVICE or any of the ELDER GAME Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that ELDER GAME shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this TERMS OF SERVICE or any other ELDER GAME Terms. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this TERMS OF SERVICE or the ELDER GAME TERMS and consistent with the terms of this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party as the result of the action or proceeding.<br><br>B.
Las Vegas, NV 89107 USA<br>
Informal Negotiations<br>To expedite resolution and control the cost of any dispute, controversy or claim related to this TERMS OF SERVICE or any other ELDER GAME TERMS ("Dispute"), you and ELDER GAME agree to first attempt to negotiate any DISPUTE (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. ELDER GAME will send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to ELDER GAME, 304 S. Jones Blvd #3287, Las Vegas NV 89107 Attn: DISPUTE RESOLUTION with a copy via email to
<a href="mailto:[email protected]">[email protected]</a>
. <br><br>C.
<br> <br> <div class="bb_h2">1. Acceptance of Terms.</div> <br><b>PLEASE READ THESE TERMS CAREFULLY.</b><br> <br>By doing any of the following, you agree to be legally bound by these Terms:<br><br> <ul class="bb_ul">
Binding Arbitration
<li>Creating an account.</li> <li>Installing or launching the Game client.</li> <li>Accessing the website.</li> <li>Purchasing or receiving digital content.</li> <li>Clicking “ACCEPT.”</li> <li>Using any Elder Game, LLC service.</li> </ul> <br>These activities are collectively referred to as the “Services,” including Project: Gorgon, the “Game.”<br>
<br>If you
and
do not agree to these Terms, you must not use the Services.<br><br> <div class="bb_h2">2. Eligibility.</div> <br>You must be at least 13 years old, or the minimum legal age required in your jurisdiction, to use the Services.<br> <br>If you are under the age of majority in your jurisdiction, a parent or legal guardian must review and accept these Terms on your behalf and is responsible for your use of the Services.<br> <br>You represent and warrant that you have the legal capacity to enter into this agreement.<br><br> <div class="bb_h2">3. Account Registration and Security.</div> <br>You are responsible for all activity that occurs under your account.<br> <br>You agree to:<br><br> <ul class="bb_ul"> <li>Maintain the confidentiality of your login credentials.</li> <li>Not share, sell, transfer, or otherwise allow another person to use your account.</li> <li>Notify Elder Game immediately of any unauthorized access to or use of your account.</li> <li>Provide accurate and current account information.</li> </ul> <br>Elder Game may suspend, restrict, lock, or otherwise secure accounts where unauthorized activity, security concerns, fraud, or abuse are suspected.<br> <br> <div class="bb_h2">4. Digital Content, Payments and Refunds.</div> <br><b>4.1 Nature of Purchases.</b><br>All purchases and grants of access through the Services provide a limited license to digital content, service entitlements, virtual items, or related in game features.<br> <br>These items are licensed, not sold, and have no real world monetary value unless otherwise required by applicable law.<br> <br>You acknowledge that you receive no property or ownership interest in any digital content, virtual currency, virtual item, character progression, account status, or other in game feature.<br><br><b> 4.2 General Refund Policy.</b><br>To the maximum extent permitted by law, all sales are final and no refunds will be provided after digital content has been delivered or access to the Services has begun.<br> <br>Third party platforms, including Steam, may apply their own refund policies, billing terms, and procedures. Transactions processed by those platforms are also subject to their terms.<br> <br>Nothing in this Section limits rights provided under applicable consumer protection laws.<br><br> <b>4.3 EU, EEA and UK Withdrawal Rights.</b> <br>If you are located in the European Union, the European Economic Area, or the United Kingdom, you may have a statutory right to withdraw from certain purchases of digital content within 14 days.<br> <br>However, by purchasing digital content and requesting immediate access to it, you expressly consent to immediate performance and acknowledge that you lose your right of withdrawal once performance begins, to the extent permitted by applicable law.<br><br> <b>4.4 EU, EEA and UK Digital Content Rights.</b><br>If you are located in the European Union, the European Economic Area, or the United Kingdom, digital content and digital services will be provided in conformity with applicable law.<br> <br>You may be entitled to legal remedies if digital content or digital services are defective, inaccessible, materially nonconforming, or not as described.<br> <br> <b>4.5 Chargebacks and Payment Disputes.</b><br>Unauthorized chargebacks, reversals, or payment disputes may result in immediate account suspension or termination.<br> <br>Access to digital entitlements, virtual items, and the Services may be revoked where permitted by law.<br> <br>Elder Game reserves the right to dispute chargebacks and payment reversals and to recover associated costs, fees, losses, and administrative expenses to the extent permitted by law.<br><br> <b>4.6 Unauthorized Transactions.</b><br>Purchasing, selling, exchanging, gifting for value, or otherwise transferring accounts, virtual currency, items, power leveling services, or related services from unauthorized third parties is strictly prohibited.<br> <br> <div class="bb_h2">5. License Grant.</div> <br>Subject to your compliance with these Terms, Elder Game grants you a limited, revocable, non exclusive, non transferable, non sublicensable license to:<br><br> <ul class="bb_ul"> <li>Install and use the Game client on devices you own or control.</li> <li>Access and use the Services for your personal, non commercial entertainment use.</li> </ul> <br>This license may be suspended or revoked if you violate these Terms or if Elder Game reasonably determines that suspension or revocation is necessary to protect the Services, other users, or Elder Game.<br> <br><b>You may not:</b><br><br> <ul class="bb_ul"> <li>Reverse engineer, decompile, disassemble, modify, adapt, or create derivative works from the Game client or Services except where such restriction is prohibited by law.</li> <li>Use bots, macros, scripts, automation, data mining tools, packet interception tools, memory editing tools, or any unauthorized software or hardware in connection with the Services.</li> <li>Operate, assist, develop, advertise, or use private servers, emulators, cheats, exploits, or unauthorized modifications.</li> <li>Exploit the Game or Services for commercial purposes without Elder Game’s prior written consent.</li> <li>Circumvent, disable, or interfere with technical protection measures, access controls, or security features.</li> <li>Use multiple accounts simultaneously to gain an unfair gameplay advantage unless Elder Game expressly permits such conduct.</li> </ul> <br><br><div class="bb_h2">6. Ownership and Intellectual Property.</div> <br>All rights, title, and interest in and to the Services, including the Game, software, code, visual assets, audio, music, writing, dialogue, characters, names, logos, account systems, user interface elements, gameplay systems, documentation, and all related content, are owned by Elder Game or its licensors and are protected by intellectual property and other applicable laws.<br> <br>You receive a limited license only. You do not acquire any ownership rights in the Services or any related content.<br> <br>Elder Game may use character names, guild names, user names, screenshots, gameplay footage, and similar content for promotional, community, marketing, archival, or business purposes without compensation to you, subject to applicable law.<br><br> <div class="bb_h2">7. User Generated Content.</div> <br>If you submit, upload, transmit, post, or otherwise make available any content through the Services, including forum posts, chat messages, screenshots, videos, feedback, suggestions, or other materials, you grant Elder Game a worldwide, perpetual, irrevocable, royalty free, fully paid, transferable, sublicensable license to host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, and otherwise use such content for operating, improving, promoting, marketing, and supporting the Services.<br> <br>You represent and warrant that you have all necessary rights to grant this license and that your content does not violate any law or third party right.<br> <br>Elder Game may monitor, remove, restrict, edit, or refuse to display user generated content at its discretion, subject to applicable law.<br> <br> <div class="bb_h2">8. Mods, Tools and Anti Cheat.</div> <br>Unauthorized software and prohibited conduct include the use of bots, macros, memory editors, packet interception tools, automation systems, unauthorized overlays that affect gameplay, or any tool intended to alter, automate, manipulate, intercept, or gain unfair advantage in the Services.<br> <br>Use of prohibited software or conduct may result in immediate suspension, permanent ban, data removal, item removal, rollback, restriction of access, or other enforcement action.<br> <br>You consent to the use of reasonable technical measures designed to detect security threats, prohibited software, unauthorized modifications, and violations of these Terms, subject to applicable law and our Privacy Policy.<br> <br> <div class="bb_h2">9. Live Service Changes.</div> <br>The Game is a live service and is subject to ongoing updates, balancing, maintenance, changes, and operational decisions.<br> <br>Elder Game may patch, rebalance, alter characters, modify classes, adjust progression, add features, remove features, reset data, wipe test environments, change economies, modify digital items, or otherwise alter the Services at any time.<br> <br>No compensation is owed for such changes except where required by applicable law.<br> <br> <div class="bb_h2">10. Service Availability.</div> <br>The Services require internet connectivity, compatible hardware or software, and functioning authentication or related systems.<br> <br>Elder Game does not guarantee that the Services will be uninterrupted, secure, error free, or available at all times.<br> <br>Elder Game may interrupt, suspend, modify, discontinue, or restrict access to some or all of the Services at any time, with or without notice, subject to applicable law.<br> <br> <div class="bb_h2">11. Monitoring and Privacy.</div> <br>Elder Game may collect, use, disclose, and otherwise process personal data and service related information, including IP addresses, device identifiers, gameplay activity, account information, technical logs, and communications, for purposes including account administration, security, fraud prevention, cheat detection, moderation, analytics, customer support, service improvement, and legal compliance.<br> <br>All data processing is conducted in accordance with the Privacy Policy located at:<br> <br><a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fprojectgorgon.com%2Fprivacy.html" target="_blank" rel=" noopener">https://projectgorgon.com/privacy.html</a><br> <br>Where applicable, you have rights regarding your personal data, including rights of access, correction, deletion, restriction, objection, and portability, as described in our Privacy Policy and applicable law.<br> <br>Nothing in these Terms limits your statutory privacy or data protection rights under applicable law.<br> <br>You understand that communications made in public or shared in game spaces may be visible to other users and may be monitored or reviewed for moderation, safety, security, and enforcement purposes in accordance with applicable law and the Privacy Policy.<br> <br> <div class="bb_h2">12. Code of Conduct.</div> <br>You must follow the Code of Conduct located at:<br> <br><a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fprojectgorgon.com%2Fconduct.html" target="_blank" rel=" noopener">https://projectgorgon.com/conduct.html</a><br> <br>You may not harass other users, impersonate staff, exploit bugs, evade moderation, disrupt the Services, engage in fraud, or otherwise violate the Code of Conduct or these Terms.<br> <br>Violations may result in warnings, content removal, chat restrictions, suspensions, permanent bans, item removal, rollback, or other enforcement action.<br> <br>Enforcement will be based on reasonable and proportionate grounds where required by law.<br> <br>Where appropriate and feasible, Elder Game may provide notice or an opportunity to appeal certain enforcement actions, except in cases involving fraud, abuse, security risks, legal obligations, or other circumstances where immediate action is appropriate.<br><br> <div class="bb_h2">13. Disclaimers.</div> <br><b>TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”</b><br> <br><b>
ELDER GAME
are unable to resolve
DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON INFRINGEMENT.</b><br> <br><b>ELDER GAME DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, SECURE, OR FREE OF LOSS, CORRUPTION, OR HARMFUL COMPONENTS.</b><br> <br>Nothing in these Terms excludes any warranty or legal guarantee that cannot be excluded under applicable law.<br> <br> <div class="bb_h2">14. Limitation of Liability.</div> <br>To the maximum extent permitted by law, Elder Game and its officers, members, managers, employees, contractors, affiliates, licensors, distributors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, data, use, or other intangible losses, arising out of or relating to the Services or these Terms.<br> <br>To the maximum extent permitted by law, the total aggregate liability of Elder Game arising out of or relating to the Services or these Terms will not exceed the total amount paid by you directly to Elder Game for the Services during the 12 months immediately preceding the event giving rise to the claim.<br> <br>This Section does not limit liability where such limitation is prohibited by law, including liability for fraud, willful misconduct, gross negligence, death, personal injury caused by negligence, or any other liability that cannot lawfully be limited or excluded.<br><br> <div class="bb_h2">15. Indemnification.</div> <br>To the extent permitted by law, you agree to indemnify, defend, and hold harmless Elder Game and its officers, members, managers, employees, contractors, affiliates, licensors, distributors, and agents from and against claims, damages, liabilities, judgments, awards, losses, costs, expenses, and fees, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms, your misuse of the Services, your user generated content, or your violation of any law or third party right.<br><br> <div class="bb_h2">16. Copyright Complaints.</div> <br>If you believe that content available through the Services infringes your copyright, submit
a
DISPUTE through informal negotiations, either you or ELDER GAME may elect to have the DISPUTE (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND AND HEREBY AGREE THAT YOU HEREBY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. You understand and hereby agree that you hereby waive the right to participate in class action proceedings against ELDER GAME and its affiliates, employees, contractors, officers, directors, vendors, and content providers. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fwww.adr.org" target="_blank" rel=" noopener">www.adr.org</a>. The determination of whether a DISPUTE is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, ELDER GAME will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this TERMS OF SERVICE, you and ELDER GAME may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. <br><br>D.
notice to:<br> <br>
Restrictions on Dispute Proceedings<br>You and ELDER GAME agree that any arbitration shall be limited to the DISPUTE between ELDER GAME and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any DISPUTE to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any DISPUTE to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that maximum compensation of a lawsuit, mediation, or arbitration shall be limited to the purchase price of Project: Gorgon.<br><br>E. Location<br>Any arbitration shall be initiated in the County of Orlando, State of Florida, United States of America. Any DISPUTE not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Orlando, State of Florida, United States of America, and you and ELDER GAME agree to submit to the personal jurisdiction of that court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.<br><br><b>VIII. SECTION EIGHT: Termination</b><br>This TERMS OF SERVICE (and all subsequent modifications, if any) shall remain effective until terminated. Both you and ELDER GAME may terminate this TERMS OF SERVICE at any time for any reason or for no reason. Termination by ELDER GAME will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the GAME, which it may do at any time in its sole discretion. You may terminate this TERMS OF SERVICE (and, consequently, your Account, at any time by notifying ELDER GAME at
<a href="mailto:[email protected]">[email protected]</a>
. Upon termination of this Agreement,
<br> Attn: Copyright <br> <br>Your notice should include sufficient information to identify the allegedly infringing material, the work claimed to be infringed,
your
right to use the ELDER GAME PRODUCTS shall immediately cease. The following provisions shall survive
contact information, and
any
termination of this Agreement: Sections VI., VII., and VIII.<br>
other information reasonably necessary for Elder Game to review the complaint.<br><br> <div class="bb_h2">17. Dispute Resolution.</div>
<br><b>
IX. SECTION NINE: General Terms
17.1 Informal Resolution.
</b><br>
A. Remedies. You
Before filing a legal claim, you
agree
that this TERMS OF SERVICE are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this TERMS OF SERVICE. You also understand and agree that this TERMS OF SERVICE, the Code of Conduct, the ELDER GAME Privacy Policy, and any other ELDER GAME Terms, including ELDER GAME’S enforcement thereof, are not intended to confer, and do not confer, any rights or remedies upon any person.<br><br>B. Severability. If any part of this TERMS OF SERVICE is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of ELDER GAME, and the remaining portions shall remain in full force and effect.<br><br>C. Waiver. The failure of ELDER GAME to exercise or enforce any right or provision of this TERMS OF SERVICE or any
to first contact
Elder Game
Terms will not constitute a waiver of such right or provision, any such waiver being effective only if in a writing signed by ELDER GAME.<br><br>D. Force Majeure. ELDER GAME shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Elder Game, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond ELDER GAME’S 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.<br><br>F. Governing Law. The laws of Florida, excluding its conflicts-of-law rules, govern this TERMS OF SERVICE, any other ELDER GAME TERMS, and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with ELDER GAME or relating in any way to this TERMS OF SERVICE, any other ELDER GAME TERMS, your Account(s), or your use of any ELDER GAME PRODUCTS resides in the Courts of the State of Florida, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving ELDER GAME or its affiliates, employees, contractors, officers, directors, vendors and content providers. As noted in the TERMS OF SERVICE your conduct may also be subject to other local, state, national, and international laws.<br><br>G) Entire Agreement. These TERMS OF SERVICE, the Code of Conduct, the ELDER GAME Privacy Policy, and any other ELDER GAME TERMS constitute the entire agreement between you and ELDER GAME relating to your rights and obligations in the use of ELDER GAME PRODUCTS. If there is any conflict between these TERMS OF SERVICE, the Code of Conduct, the ELDER GAME Privacy Policy, and any other ELDER GAME TERMS, ELDER GAME shall resolve the conflict in its sole discretion.<br><br><b>Project: Gorgon Code of Conduct</b><br><br>Elder Game, LLC. Code of Conduct Version 1.0 Released 03/08/2018.<br><br>PLEASE READ THIS CODE OF CONDUCT (“CODE OF CONDUCT”) CAREFULLY AND IN ITS ENTIRETY. BY CLICKING THE “ACCEPT” BUTTON AT THE END OF THE AGREEMENT OR BY USING ELDER GAME, LLC (“ELDER GAME”) PRODUCTS AND/OR SERVICES (“PRODUCTS”), SUCH AS BUT NOT LIMITED TO WEBPAGES (“WEBPAGES”), PROJECT: GORGON (“GAME”), AND THE GAME LAUNCHER (“LAUNCHER”), YOU HEREBY AGREE TO THESE TERMS AND AGREE THAT THEY ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.<br><br>ELDER GAME strives to foster a friendly environment where you can enjoy ELDER GAME provided PRODUCTS, discuss and share ideas, give gameplay advice, role-play, and converse about any other aspect that may be interesting to other players. The community forums, website, and in-game community is at its best when participants treat everyone with respect and courtesy. Therefore, we ask that you conduct yourself in a civilized manner when participating in communications on the website, in-game, or any other ELDER GAME provided community area.<br><br>The CODE OF CONDUCT explains what type of behavior is expected of you and what behavior that you can expect from other members of the community. Please note: the following guidelines are not exhaustive examples and may not address all manner of offensive behavior. As such, we shall have full discretion to address any behavior that we feel is inappropriate. We reserve the right to suspend or ban your access to ELDER GAME provided PRODUCTS at any time and for any reason including but not limited to your failure to abide by the ELDER GAME TERMS OF SERVICE or this CODE OF CONDUCT. By using ELDER GAME provided PRODUCTS, you explicitly agree to the ELDER GAME TERMS OF SERVICE and the CODE OF CONDUCT as presented here.<br><br>We reserve the right to evaluate each incident on a case by case basis. The action we take may be dependent on the individual circumstances of each incident. Any information related to a TERMS OF SERVICE or CODE OF CONDUCT violation is to remain private and shall not be posted or discussed with the general public. Adverse decisions may be appealed by emailing
at:<br> <br>
<a href="mailto:[email protected]">[email protected]</a>
<br> Attn: Legal Dispute <br> <br>Elder Game will attempt in good faith to resolve disputes informally within 30 days after receiving notice, unless a longer period is required by law or reasonably necessary to address the dispute.<br><br> <b>17.2 United States Arbitration.</b><br>If you reside in the United States, and except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its applicable Consumer Arbitration Rules.<br> <br>You and Elder Game each waive the right to a trial by jury.<br> <br>You and Elder Game each agree that any claim will be brought only in an individual capacity and not as a plaintiff, claimant, or class member in any purported class, consolidated, collective, representative, or private attorney general proceeding, except where such waiver is prohibited by law.<br> <br><b>17.3 EU, EEA and UK Users.</b><br>If you reside in the European Union, the European Economic Area, or the United Kingdom, this arbitration provision applies only where legally permitted.<br> <br>You may bring claims in the courts of your country of residence where required by applicable law.<br> <br>Nothing in these Terms waives mandatory consumer protections or non waivable rights provided by applicable law.<br> <br> <b>17.4 Small Claims.</b><br>Either party may bring an eligible claim in small claims court or an equivalent local tribunal if the claim qualifies and the matter remains on an individual basis.<br> <br> <div class="bb_h2">18. Governing Law.</div> <br>If you reside in the United States, these Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles, and any court proceeding permitted under these Terms will be brought in Orange County, Florida, unless applicable law requires otherwise.<br> <br>If you reside outside the United States, including in the European Union, the European Economic Area, or the United Kingdom, you retain the benefit of any mandatory provisions of the law of your country of residence, and nothing in these Terms deprives you of those protections.<br> <br> <div class="bb_h2">19. Termination.</div> <br>Elder Game may suspend, restrict, or terminate access to the Services, remove digital content, remove virtual items, or take other enforcement action if Elder Game reasonably determines that you have violated these Terms, created a security risk, engaged in fraud or abuse, or otherwise exposed Elder Game, the Services, or other users to harm or legal risk.<br> <br>Where required by law, termination and related enforcement actions will be based on reasonable and proportionate grounds.<br> <br>Where feasible, Elder Game may provide notice prior to termination, except in cases involving fraud, abuse, security risk, legal obligations, technical necessity, or other circumstances where immediate action is appropriate.<br> <br>Upon termination, your license ends immediately and your access to the Services, account, virtual items, digital content, and related entitlements may be revoked to the extent permitted by law.<br> <br>Refunds will not be provided except where required by applicable law.<br> <br> <div class="bb_h2">20. Changes to Terms.</div> <br>Elder Game may update these Terms from time to time.<br> <br>Material changes will be communicated where required by applicable law.<br> <br>Your continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms, except where applicable law requires additional consent.<br> <br> <div class="bb_h2">21. Regional Consumer Rights.</div> <br>If you reside in the European Union, the European Economic Area, or the United Kingdom, you benefit from mandatory consumer protections under the laws of your country of residence.<br> <br>Nothing in these Terms limits, excludes, or overrides rights that cannot be waived under applicable law.<br> <br>Refund, withdrawal, conformity, and remedy rights apply where required by law.<br> <br>You may bring claims in your local courts where provided by applicable law.<br><br> <div class="bb_h2">22. Entire Agreement.</div> <br>These Terms, together
with
a
the Privacy Policy and the Code of Conduct, constitute the entire agreement between you and Elder Game, LLC regarding the Services and supersede prior or contemporaneous understandings, communications, and proposals relating to the same subject matter.<br> <br>If any provision of these Terms is held invalid, unlawful, or unenforceable, the remaining provisions will remain in
full
detailed description of the incident, but the final decision is at our discretion and is final. The ELDER GAME TERMS OF SERVICE AND CODE OF CONDUCT may change from time to time, and you agree to be bound to those changes, so check back periodically to ensure that you are aware of any changes. Your continued use of ELDER GAME provided PRODUCTS signifies your acceptance of these changes.<br><br>The following categories of conduct are not allowed on the community forums, website, in-game or other ELDER GAME provided PRODUCTS:<br><br>•Discrimination, Harassment, Defamation or hatred or the promotion thereof in regards to race, color, religion, creed, sex, sexual orientation, gender identity, national origin, and disability;<br>•Account Trading;<br>•Discussions or conduct related to extreme sexuality and/or violence;<br>•Real-Life Threats;<br>•Distribution of Real-Life Information;<br>•Using and/or discussing cheats, hacks, viruses, or other malicious programs;<br>•Impersonating Elder Game Staff, Developers, Moderators or volunteers;<br>•Using and/or discussing unreleased content and/or hacking data files;<br>•Using obscene, vulgar, or inappropriate language;<br>•Harassment and/or Defamation;<br>•Discussing illegal drugs and/or activities;<br>•Spamming and/or Trolling;<br>•Creating duplicate threads and/or reposting previously closed threads;<br>•Crosslinking threads;<br>•Advertising;<br>•Circumventing a Suspension and/or Ban;<br>•Discussing a Suspension and/or Ban publicly;<br>•Conduct and/or discussion that is detrimental to the community as determined solely
force and effect to the maximum extent permitted
by
ELDER GAME staff.<br>
law.
<br>
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Project: Gorgon Terms of Service
Elder Game, LLC Terms of Service Agreement
Version 3.0. Effective April 22, 2026.
Elder Game, LLC
304 S. Jones Blvd #3287
Las Vegas, NV 89107 USA
[email protected]
1. Acceptance of Terms.
PLEASE READ THESE TERMS CAREFULLY.
By doing any of the following, you agree to be legally bound by these Terms:
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Creating an account.
Installing or launching the Game client.
Accessing the website.
Purchasing or receiving digital content.
Clicking “ACCEPT.”
Using any Elder Game, LLC Termsservice.
These ofactivities Serviceare Agreementcollectively Versionreferred 1.0to Releasedas 03/08/2018.the “Services,” including Project: Gorgon, the “Game.”
If you do not agree to these Terms, you must not use the Services.
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PLEASE
2. READEligibility.
You THESEmust TERMSbe OFat SERVICEleast (“TERMS13 OFyears SERVICE”)old, CAREFULLYor ANDthe INminimum ITSlegal ENTIRETY.age BYrequired CLICKINGin THEyour “ACCEPT”jurisdiction, BUTTONto ATuse THEthe ENDServices.
If OFyou THEare AGREEMENTunder ORthe BYage USINGof ELDERmajority GAME,in LLCyour (“ELDERjurisdiction, GAME”)a PRODUCTSparent AND/ORor SERVICESlegal (“PRODUCTS”),guardian SUCHmust ASreview BUTand NOTaccept LIMITEDthese TOTerms WEBPAGESon (“WEBPAGES”),your PROJECT:behalf GORGONand (“GAME”),is ANDresponsible THEfor GAMEyour LAUNCHERuse (“LAUNCHER”),of YOUthe HEREBYServices.
You AGREErepresent TOand THESEwarrant TERMSthat ANDyou AGREEhave THATthe THEYlegal AREcapacity ENFORCEABLEto LIKEenter ANYinto WRITTENthis CONTRACT SIGNED BY YOU.agreement.
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ELDER
3. GAME,Account atRegistration times,and maySecurity.
You electare to raise fundsresponsible for PRODUCTSall outsideactivity standardthat purchasing avenues. You, the Contributor, may select one or more pledges and pay the indicated amount(s) in accordance with the following agreement between ELDER GAME and you, the Contributor. Any contribution shall be made as a non-refundable donation rather than a standard purchase. Once a donation is made, it is final and will not be refundableoccurs under anyyour circumstance. Standardaccount.
You salesagree and Contributor donations are non-refundable and all sales are final.to:
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Purchasing
Maintain ELDERthe GAMEconfidentiality of your login credentials.
Not share, sell, transfer, or otherwise allow another person to use your account.
Notify Elder Game immediately of any unauthorized access to or use of your account.
Provide accurate and current account information.
Elder Game may suspend, restrict, lock, or otherwise secure accounts where unauthorized activity, security concerns, fraud, or abuse are suspected.
4. Digital Content, Payments and Refunds.
4.1 Nature of Purchases.
All purchases and grants of access through the Services provide a limited license to digital content, service entitlements, virtual items, or related accounts,in game keys,features.
These items are licensed, not sold, and have no real world monetary value unless otherwise required by applicable law.
You acknowledge that you receive no property or ownership interest in any digital content, virtual itemscurrency, virtual item, character progression, account status, or servicesother fromin unauthorizedgame third parties is strictly prohibited and associated accounts are subject to permanent termination. If your account is terminated for a breach of the ELDER GAME TERMS, you agree you are not entitled to a refund and agree not to seek one. feature.
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This software4.2 program,General Refund Policy.
To the maximum extent permitted by law, all sales are final and anyno filesrefunds thatwill arebe provided byafter ELDERdigital GAMEcontent viahas onlinebeen transmissiondelivered or otherwise to “patch”, update, or otherwise modify the software program (the “GAME CLIENT”), as well as any printed materials and any online or electronic documentation (the “MANUAL”), and any and all copies and derivative works of the GAME CLIENT and MANUAL (collectively, with the “GAME CLIENT” and MANUAL, the “GAME MATERIAL”) for the game Project: Gorgon and related modules (the “GAME”) is copyrighted work of ELDER GAME or any of its subsidiaries and affiliates, and their licensors (collectively, “ELDER GAME”). Any and all uses of PRODUCTS are governed by the following, herein, collectively, “ELDER GAMES TERMS” (I) the Terms of Service, (II) the ELDER GAME Privacy Policy and (III) the ELDER GAME Code of Conduct, as any of the foregoing may be amended from time to time. The ELDER GAME Privacy Policy and ELDER GAME Code of Conduct are incorporated herein by this reference. The GAME is distributed solely for the use by authorized end users accordingaccess to the ELDERServices GAMEhas TERMS.begun.
Third Anyparty use,platforms, reproduction,including modification,Steam, ormay distributionapply oftheir theown GAMErefund notpolicies, expresslybilling authorizedterms, and procedures. Transactions processed by thethose TERMSplatforms OFare SERVICEalso issubject expresslyto prohibited.their terms.
Nothing in this Section limits rights provided under applicable consumer protection laws.
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ELDER 4.3 GAMEEU, may,EEA atand itsUK soleWithdrawal discretion,Rights.
If modifyyou are located in the European Union, the European Economic Area, or revisethe theseUnited TERMSKingdom, OFyou SERVICEmay have a statutory right to withdraw from certain purchases of digital content within 14 days.
However, by purchasing digital content and policiesrequesting atimmediate anyaccess time,to it, you expressly consent to immediate performance and acknowledge that you agreelose your right of withdrawal once performance begins, to bethe boundextent permitted by suchapplicable modifications or revisions. Nothing in these TERMS OF SERVICE shall be deemed to confer any third-party rights or benefits.law.
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IF 4.4 YOUEU, DOEEA NOTand AGREEUK TODigital THEContent TERMSRights.
If OFyou SERVICEare INlocated ITSin ENTIRETYthe YOUEuropean MUSTUnion, IMMEDIATELYthe CEASEEuropean USEEconomic OFArea, ELDERor GAMEthe PRODUCTS.United IFKingdom, YOUdigital DOcontent NOTand AGREEdigital TOservices THEwill TERMSbe OFprovided SERVICEin INconformity ITSwith ENTIRETY,applicable YOUlaw.
You AREmay NOTbe ABLEentitled TOto ACCESSlegal THEremedies ELDERif GAMEdigital PRODUCTScontent (ORor ANYdigital PARTservices THEREOF).are defective, inaccessible, materially nonconforming, or not as described.
4.5 Chargebacks and Payment Disputes.
Unauthorized chargebacks, reversals, or payment disputes may result in immediate account suspension or termination.
Access to digital entitlements, virtual items, and the Services may be revoked where permitted by law.
Elder Game reserves the right to dispute chargebacks and payment reversals and to recover associated costs, fees, losses, and administrative expenses to the extent permitted by law.
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I. 4.6 SECTIONUnauthorized ONE:Transactions.
Purchasing, Limitedselling, Useexchanging, gifting for value, or otherwise transferring accounts, virtual currency, items, power leveling services, or related services from unauthorized third parties is strictly prohibited.
5. License
Grant.
Subject to the TERMS OF SERVICE and continuingyour compliance with thethese ELDERTerms, GAMEElder TERMS, ELDER GAME herebyGame grants to you a limited, personal,revocable, non-exclusive,non nontransferable,exclusive, non-assignable,non andtransferable, fullynon revocablesublicensable license to (a) install the GAME CLIENT on one or more computers owned by you or under your legitimate control, and (b) use the GAME CLIENT in conjunction with the online service and ELDER GAME provided websites and content for your non-commercial entertainment purposes only. You must accept the TERMS OF SERVICE to use the GAME CLIENT, access ELDER GAME provided content, and to play the GAME. The license is revocable at our sole discretion.to:
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You
Install agreeand use the Game client on devices you own or control.
Access and use the Services for your personal, non commercial entertainment use.
This license may be suspended or revoked if you violate these Terms or if Elder Game reasonably determines that yoususpension willor not,revocation underis anynecessary circumstances:to protect the Services, other users, or Elder Game.
You may not:
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•In whole or in part, copy, photocopy, reproduce, translate, reverse
Reverse engineer, derivedecompile, source code from,disassemble, modify, disassemble, decompile,adapt, or create derivative works based onfrom the GAMEGame MATERIAL;client provided,or however,Services thatexcept youwhere maysuch makerestriction copiesis ofprohibited theby GAMElaw.
Use CLIENTbots, andmacros, MANUALscripts, forautomation, personaldata purposesmining only;
•Exploittools, thepacket GAMEinterception tools, memory editing tools, or any ofunauthorized itssoftware parts,or includinghardware in connection with the Services.
Operate, assist, develop, advertise, or use private servers, emulators, cheats, exploits, or unauthorized modifications.
Exploit the Game or Services for commercial purposes without limitationElder theGame’s GAMEprior CLIENT,written forconsent.
Circumvent, any commercial purpose, including without limitation (a) use at a cyber café, computer gaming centerdisable, or anyinterfere otherwith location-basedtechnical site;protection (b)measures, foraccess gathering in-game virtual itemscontrols, or resourcessecurity forfeatures.
Use salemultiple outsideaccounts the GAME; or (C) perform in-game services in exchange for payment outside the GAME, e.g., power-leveling;
•Use any unauthorized third-party software that intercepts, “mines” or otherwise collects information from or through the GAME of the WEBPAGES, including without limitation any software that reads areas of RAM used by the GAMEsimultaneously to storegain informationan aboutunfair agameplay characteradvantage orunless theElder game environment; provided however, that ELDER GAME may, at its sole and absolute discretion, allow the use of certain third-party modifications;
•Modify or cause to be modified any files that are part of the GAME CLIENT in any way notGame expressly authorizedpermits bysuch ELDER GAME;
•Intercept, emulate or redirect the communication protocols used by ELDER GAME in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
•Facilitate, create or maintain any unauthorized connection to the GAME or the WEBPAGES including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the GAME or WEBPAGES; and (b) any connection using programs or tools not expressly approved by ELDER GAME;
•Sell, grant a security interest in or transfer reproductions6 of the GAME to other parties in any way not expressly authorized herein, or rent, lease or license the GAME to others.
•Access the GAME using more than one accounts simultaneously, e.g., multi-boxing.conduct.
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II. SECTION TWO: ELDER GAME6. Ownership
“CONTENT” asand usedIntellectual hereinProperty.
All includesrights, (a)title, and interest in and to the Services, including the Game, software, softwarecode, updatesvisual orassets, patches,audio, ormusic, otherwriting, utilitiesdialogue, characters, names, logos, account systems, user interface elements, gameplay systems, documentation, and toolsall fromrelated ELDERcontent, GAMEare owned by Elder Game or its licensors (“ELDERand GAMEare SOFTWARE”)protected by intellectual property and (b) other software,applicable technology,laws.
You textreceive anda audiovisuallimited material,license only. You do not acquire any ownership rights in the designServices andor appearanceany ofrelated thecontent.
Elder WEBPAGES.Game Themay foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, playeruse character names, locations, locationguild names, stories,user storynames, lines,screenshots, dialog,gameplay catchfootage, phrases,and artwork,similar graphics,content structuralfor promotional, community, marketing, archival, or landscapebusiness designs,purposes animations,without sounds,compensation musicalto compositionsyou, andsubject recordings,to audio-visualapplicable effects, character likenesses, user accounts, and methods of operation, Content is provided by ELDER GAME and its licensors, and may also be contributed as USER CONTENT by you or third parties, including other users of ELDER GAME PRODUCTS.law.
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CONTENT
7. onUser ELDERGenerated GAMEContent.
If PRODUCTSyou aresubmit, ownedupload, bytransmit, ELDER GAMEpost, or ELDERotherwise GAME’Smake third-partyavailable licensorsany content through the Services, including forum posts, chat messages, screenshots, videos, feedback, suggestions, or other materials, you grant Elder Game a worldwide, perpetual, irrevocable, royalty free, fully paid, transferable, sublicensable license to host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, and otherwise use such content for operating, improving, promoting, marketing, and supporting the Services.
You represent and warrant that you have all necessary rights to grant this license and that your content does not violate any law or third party right.
Elder Game may monitor, remove, restrict, edit, or refuse to display user generated content at its discretion, subject to applicable law.
8. Mods, Tools and Anti Cheat.
Unauthorized software and prohibited conduct include the use of bots, macros, memory editors, packet interception tools, automation systems, unauthorized overlays that affect gameplay, or any tool intended to alter, automate, manipulate, intercept, or gain unfair advantage in the Services.
Use of prohibited software or conduct may result in immediate suspension, permanent ban, data removal, item removal, rollback, restriction of access, or other enforcement action.
You consent to the use of reasonable technical measures designed to detect security threats, prohibited software, unauthorized modifications, and violations of these Terms, subject to applicable law and our Privacy Policy.
9. Live Service Changes.
The Game is a live service and is protectedsubject to ongoing updates, balancing, maintenance, changes, and operational decisions.
Elder Game may patch, rebalance, alter characters, modify classes, adjust progression, add features, remove features, reset data, wipe test environments, change economies, modify digital items, or otherwise alter the Services at any time.
No compensation is owed for such changes except where required by theapplicable USlaw.
10. Service Availability.
The Services require internet connectivity, compatible hardware or software, and Internationalfunctioning copyright,authentication tradeor dress,related patent,systems.
Elder Game does not guarantee that the Services will be uninterrupted, secure, error free, or available at all times.
Elder Game may interrupt, suspend, modify, discontinue, or restrict access to some or all of the Services at any time, with or without notice, subject to applicable law.
11. Monitoring and trademarkPrivacy.
Elder laws,Game internationalmay conventions,collect, use, disclose, and otherotherwise lawsprocess protectingpersonal intellectual propertydata and service related proprietaryinformation, rights.including IP addresses, device identifiers, gameplay activity, account information, technical logs, and communications, for purposes including account administration, security, fraud prevention, cheat detection, moderation, analytics, customer support, service improvement, and legal compliance.
All data processing is conducted in accordance with the Privacy Policy located at:
https://projectgorgon.com/privacy.html
Where applicable, you have rights regarding your personal data, including rights of access, correction, deletion, restriction, objection, and portability, as described in our Privacy Policy and applicable law.
Nothing in these Terms limits your statutory privacy or data protection rights under applicable law.
You understand that communications made in public or shared in game spaces may be visible to other users and may be monitored or reviewed for moderation, safety, security, and enforcement purposes in accordance with applicable law and the Privacy Policy.
12. Code of Conduct.
You must follow the Code of Conduct located at:
https://projectgorgon.com/conduct.html
You may not copyharass other users, impersonate staff, exploit bugs, evade moderation, disrupt the Services, engage in fraud, or downloadotherwise any CONTENT from ELDER GAME PRODUCTS unlessviolate the ELDERCode GAMEof TERMSConduct expresslyor authorizethese youTerms.
Violations may result in warnings, content removal, chat restrictions, suspensions, permanent bans, item removal, rollback, or other enforcement action.
Enforcement will be based on reasonable and proportionate grounds where required by law.
Where appropriate and feasible, Elder Game may provide notice or an opportunity to doappeal so.certain enforcement actions, except in cases involving fraud, abuse, security risks, legal obligations, or other circumstances where immediate action is appropriate.
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You
13. agreeDisclaimers.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
ELDER GAME DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON INFRINGEMENT.
ELDER GAME DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, SECURE, OR FREE OF LOSS, CORRUPTION, OR HARMFUL COMPONENTS.
Nothing in these Terms excludes any warranty or legal guarantee that cannot be excluded under applicable law.
14. Limitation of Liability.
To the maximum extent permitted by law, Elder Game and its officers, members, managers, employees, contractors, affiliates, licensors, distributors, and agents will not tobe remove,liable obscure,for any indirect, incidental, special, consequential, exemplary, or alterpunitive copyright,damages, patent,or trademark,for any loss of profits, revenues, goodwill, data, use, or other proprietaryintangible rightslosses, noticesarising affixedout of or relating to CONTENT.the YouServices mayor these Terms.
To the maximum extent permitted by law, the total aggregate liability of Elder Game arising out of or relating to the Services or these Terms will not sell,exceed license,the distribute,total copy,amount modify,paid publiclyby performyou directly to Elder Game for the Services during the 12 months immediately preceding the event giving rise to the claim.
This Section does not limit liability where such limitation is prohibited by law, including liability for fraud, willful misconduct, gross negligence, death, personal injury caused by negligence, or display,any transmit,other publish,liability edit,that adapt,cannot createlawfully derivativebe works from,limited or otherwise make unauthorized use of CONTENT. ELDER GAME reserves all rights in ELDER GAME owned and licensed CONTENT that are not expressly granted to you in the TERMS OF SERVICE. You acknowledge that ELDER GAME and/or third-party content providers remain the owners of all materials posted on the WEBPAGES and in the GAME and that you do not acquire any of those ownership rights by downloading copyrighted materials.excluded.
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ELDER
15. GAME reservesIndemnification.
To the rightextent topermitted useby owned CONTENT, including but not limited to, player character names, likenesses, and character data, for any purposes, including but not limited to, promotional, advertising, and marketing material.
Making unauthorized copies of CONTENT found on ELDER GAME PRODUCTS may result in the termination of your Account(s), the prohibition of the use of ELDER GAME PRODUCTS, and further legal action. CONTENT owners may take criminal or civil action againstlaw, you for unauthorized use of intellectual property. You agree to indemnifyindemnify, defend, and hold harmless ELDERElder GAMEGame and its officers, members, managers, employees, contractors, affiliates, licensors, distributors, and agents from anyand unauthorizedagainst claims, damages, liabilities, judgments, awards, losses, costs, expenses, and fees, including reasonable attorneys’ fees, arising out of or illegalrelating conductto byyour you,violation of these Terms, your misuse of the Services, your user generated content, or throughyour the useviolation of yourany Account,law onor ELDERthird GAMEparty PRODUCTS.right.
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III. SECTION
16. THREE:Copyright PatchesComplaints.
If you believe that content available through the Services infringes your copyright, submit a notice to:
[email protected]
Attn: Copyright
Your notice should include sufficient information to identify the allegedly infringing material, the work claimed to be infringed, your contact information, and Updates
IMPORTANT:any ELDERother GAMEinformation MAYreasonably FINDnecessary ITfor NECESSARYElder TOGame MAKEto UPDATES,review ORthe PATCHES TO THE GAME CLIENT, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF ELDER GAME PRODUCTS. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. ELDER GAME RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.complaint.
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IV.
17. SECTIONDispute FOUR:Resolution.
17.1 DurationInformal ofResolution.
Before Onlinefiling Services
Thisa GAMElegal claim, you agree to first contact Elder Game at:
[email protected]
Attn: Legal Dispute
Elder Game will attempt in good faith to resolve disputes informally within 30 days after receiving notice, unless a longer period is anrequired onlineby gamelaw thator mustreasonably benecessary playedto overaddress the internet through the launcher as provided by ELDER GAME. You understand and agree that the GAME is provided by ELDER GAME and at its discretion may be terminated or otherwise discontinued by ELDER GAME pursuant to the TERMS OF SERVICE. dispute.
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V. 17.2 SECTIONUnited FIVE:States ConsentArbitration.
If you reside in the United States, and except where prohibited by law, any dispute, claim, or controversy arising out of or relating to Monitor
Whenthese youTerms playor the GAMEServices that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its applicable Consumer Arbitration Rules.
You and Elder Game each waive the right to a trial by jury.
You and Elder Game each agree that any claim will be brought only in an individual capacity and not as a plaintiff, claimant, or participateclass member in any otherpurported ELDERclass, GAMEconsolidated, Service,collective, includingrepresentative, or private attorney general proceeding, except where such waiver is prohibited by law.
17.3 EU, EEA and UK Users.
If you reside in the communicationEuropean featuresUnion, the European Economic Area, or the United Kingdom, this arbitration provision applies only where legally permitted.
You may bring claims in the courts of your country of residence where required by applicable law.
Nothing in these Terms waives mandatory consumer protections or non waivable rights provided by applicable law.
17.4 Small Claims.
Either party may bring an eligible claim in small claims court or an equivalent local tribunal if the claim qualifies and the matter remains on thean WEBPAGES,individual yourbasis.
18. IPGoverning address (the Internet protocol address from whichLaw.
If you accessreside anyin the United States, these Terms are governed by the laws of the above)State of Florida, without regard to conflict of laws principles, and any court proceeding permitted under these Terms will be brought in Orange County, Florida, unless applicable law requires otherwise.
If you reside outside the United States, including in the European Union, the European Economic Area, or the United Kingdom, you retain the benefit of any mandatory provisions of the law of your country of residence, and nothing in these Terms deprives you of those protections.
19. Termination.
Elder Game may besuspend, storedrestrict, inor ourterminate records.access Whento the GAME,Services, remove digital content, remove virtual items, or anytake elementother orenforcement moduleaction thereof,if isElder updatedGame orreasonably "patched," our patch routine may check your computer to seedetermines that you have violated these Terms, created a security risk, engaged in fraud or abuse, or otherwise exposed Elder Game, the mostServices, recentor versionother users to harm or legal risk.
Where required by law, termination and related enforcement actions will be based on reasonable and proportionate grounds.
Where feasible, Elder Game may provide notice prior to termination, except in cases involving fraud, abuse, security risk, legal obligations, technical necessity, or other circumstances where immediate action is appropriate.
Upon termination, your license ends immediately and your access to the Services, account, virtual items, digital content, and related entitlements may be revoked to the extent permitted by law.
Refunds will not be provided except where required by applicable law.
20. Changes to Terms.
Elder Game may update these Terms from time to time.
Material changes will be communicated where required by applicable law.
Your continued use of game-specificthe files;Services whenafter updated Terms become effective constitutes acceptance of the revised Terms, except where applicable law requires additional consent.
21. Regional Consumer Rights.
If you communicate within the GAME or any communication featurereside in the GAMEEuropean Union, the European Economic Area, or onthe United Kingdom, you benefit from mandatory consumer protections under the WEBPAGESlaws (e.g.of liveyour chat,country instantof messageresidence.
Nothing servicesin these Terms limits, excludes, or overrides rights that cannot be waived under applicable law.
Refund, withdrawal, conformity, and theremedy like),rights evenapply "privately"where to another person, you do so with the understanding that those communications go through our servers, can be monitoredrequired by us. Accordingly, you have no expectation of privacy in any of those communications and, accordingly, you expressly consent to the monitoring of communications that you send and receive. law.
You may viewbring theclaims ELDERin GAMEyour Privacylocal Policycourts onwhere ourprovided website.by applicable law.
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You
22. agreeEntire thatAgreement.
These Terms, together with the Privacy Policy and the Code of Conduct, constitute the entire agreement between you areand responsibleElder forGame, LLC regarding the contentServices and supersede prior or contemporaneous understandings, communications, and proposals relating to the same subject matter.
If any provision of allthese communicationsTerms associatedis withheld yourinvalid, account.unlawful, Inor unenforceable, the eventremaining ofprovisions unacceptablewill contentremain withinin suchfull communications,force youand understand that ELDER GAME may exercise its rightseffect to remove said content and possibly initiate further action. Inappropriate language, inflammatory or combative behavior, personal attacks, threats of litigation, adult content, privacy violations, spam, and solicitations are some of the reasonsmaximum thatextent can be cause for content moderation or further action. You understand that the application of ELDER GAME’S right to take action against these communications is at the discretion of ELDER GAME management, employees, and moderators. In certain cases, permanent actions against the user's account may be instituted. Any such permanent actions are reviewedpermitted by ELDER GAME management.law.
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You agree that we may communicate with you via telephone, email and any similar technology for any purpose relating to the GAME, and any ELDER GAME Service or ELDER GAME SOFTWARE which may in the future be provided by us or on our behalf. You expressly permit ELDER GAME 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. In the event that the GAME detects an unauthorized third party program, (a) the GAME may communicate information back to us, including without limitation your Account username, details about the unauthorized third party program detected and the activities or functions performed thereby, and/or (b) we may exercise any or all of its rights and remedies under the TERMS OF SERVICE without prior notice to the user(s) linked to such unauthorized third party program.
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VI. SECTION SIX: Disclaimers & Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME, THE WEBPAGES, OR ANY OTHER ELDER GAME PRODUCTS, ELDER GAME SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. ELDER GAME PRODUCTS, ELDER GAME SOFTWARE, ELDER GAME'S PRODUCTS, AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. ELDER GAME PROVIDES ELDER GAME PRODUCTS ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE ELDER GAME PRODUCTS AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ELDER GAME WILL HAVE ADEQUATE CAPACITY FOR ELDER GAME PRODUCTS AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ELDER GAME OR ITS LICENSORS IS TO STOP USING ELDER GAME PRODUCTS, AND TO CANCEL YOUR ELDER GAME ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT ELDER GAME, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY ELDER GAME PRODUCTS OR USE OF ELDER GAME SOFTWARE. IN NO CASE SHALL ELDER GAME OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "ELDER GAME AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO ELDER GAME FOR ELDER GAME PRODUCTS. IN NO CASE SHALL ELDER GAME OR ELDER GAME AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL. OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF ELDER GAME PRODUCTS, ELDER GAME SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF ELDER GAME PRODUCTS OR ACCOUNTS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ELDER GAME'S AND ELDER GAME AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ELDER GAME DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH ELDER GAME AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
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B. Indemnification
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Upon ELDER GAME’S request, you agree to defend, indemnify and hold harmless ELDER GAME and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these TERMS OF SERVICE, or any other ELDER GAME Terms, for which you are responsible or in connection with your distribution of any CONTENT on or through ELDER GAME PRODUCTS. Without limiting the generality of the foregoing, you agree to indemnify and hold ELDER GAME harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of ELDER GAME PRODUCTS and for all of your communication and activity on ELDER GAME PRODUCTS, including any User Content you contribute, and that you will indemnify and hold harmless ELDER GAME, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on ELDER GAME PRODUCTS, including any User Content that you contribute.
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ELDER GAME reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to ELDER GAME in that matter.
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VII. SECTION SEVEN: Disputes & Binding Arbitration
A. Equitable Remedies
You hereby acknowledge and agree that ELDER GAME would suffer irreparable harm if this TERMS OF SERVICE or any of the ELDER GAME Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that ELDER GAME shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this TERMS OF SERVICE or any other ELDER GAME Terms. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this TERMS OF SERVICE or the ELDER GAME TERMS and consistent with the terms of this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
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B. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to this TERMS OF SERVICE or any other ELDER GAME TERMS ("Dispute"), you and ELDER GAME agree to first attempt to negotiate any DISPUTE (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. ELDER GAME will send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to ELDER GAME, 304 S. Jones Blvd #3287, Las Vegas NV 89107 Attn: DISPUTE RESOLUTION with a copy via email to [email protected].
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C. Binding Arbitration
If you and ELDER GAME are unable to resolve a DISPUTE through informal negotiations, either you or ELDER GAME may elect to have the DISPUTE (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND AND HEREBY AGREE THAT YOU HEREBY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. You understand and hereby agree that you hereby waive the right to participate in class action proceedings against ELDER GAME and its affiliates, employees, contractors, officers, directors, vendors, and content providers. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a DISPUTE is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, ELDER GAME will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this TERMS OF SERVICE, you and ELDER GAME may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
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D. Restrictions on Dispute Proceedings
You and ELDER GAME agree that any arbitration shall be limited to the DISPUTE between ELDER GAME and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any DISPUTE to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any DISPUTE to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that maximum compensation of a lawsuit, mediation, or arbitration shall be limited to the purchase price of Project: Gorgon.
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E. Location
Any arbitration shall be initiated in the County of Orlando, State of Florida, United States of America. Any DISPUTE not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Orlando, State of Florida, United States of America, and you and ELDER GAME agree to submit to the personal jurisdiction of that court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
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VIII. SECTION EIGHT: Termination
This TERMS OF SERVICE (and all subsequent modifications, if any) shall remain effective until terminated. Both you and ELDER GAME may terminate this TERMS OF SERVICE at any time for any reason or for no reason. Termination by ELDER GAME will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the GAME, which it may do at any time in its sole discretion. You may terminate this TERMS OF SERVICE (and, consequently, your Account, at any time by notifying ELDER GAME at [email protected]. Upon termination of this Agreement, your right to use the ELDER GAME PRODUCTS shall immediately cease. The following provisions shall survive any termination of this Agreement: Sections VI., VII., and VIII.
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IX. SECTION NINE: General Terms
A. Remedies. You agree that this TERMS OF SERVICE are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this TERMS OF SERVICE. You also understand and agree that this TERMS OF SERVICE, the Code of Conduct, the ELDER GAME Privacy Policy, and any other ELDER GAME Terms, including ELDER GAME’S enforcement thereof, are not intended to confer, and do not confer, any rights or remedies upon any person.
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B. Severability. If any part of this TERMS OF SERVICE is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of ELDER GAME, and the remaining portions shall remain in full force and effect.
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C. Waiver. The failure of ELDER GAME to exercise or enforce any right or provision of this TERMS OF SERVICE or any Elder Game Terms will not constitute a waiver of such right or provision, any such waiver being effective only if in a writing signed by ELDER GAME.
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D. Force Majeure. ELDER GAME shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Elder Game, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond ELDER GAME’S 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.
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F. Governing Law. The laws of Florida, excluding its conflicts-of-law rules, govern this TERMS OF SERVICE, any other ELDER GAME TERMS, and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with ELDER GAME or relating in any way to this TERMS OF SERVICE, any other ELDER GAME TERMS, your Account(s), or your use of any ELDER GAME PRODUCTS resides in the Courts of the State of Florida, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving ELDER GAME or its affiliates, employees, contractors, officers, directors, vendors and content providers. As noted in the TERMS OF SERVICE your conduct may also be subject to other local, state, national, and international laws.
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G) Entire Agreement. These TERMS OF SERVICE, the Code of Conduct, the ELDER GAME Privacy Policy, and any other ELDER GAME TERMS constitute the entire agreement between you and ELDER GAME relating to your rights and obligations in the use of ELDER GAME PRODUCTS. If there is any conflict between these TERMS OF SERVICE, the Code of Conduct, the ELDER GAME Privacy Policy, and any other ELDER GAME TERMS, ELDER GAME shall resolve the conflict in its sole discretion.
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Project: Gorgon Code of Conduct
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Elder Game, LLC. Code of Conduct Version 1.0 Released 03/08/2018.
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PLEASE READ THIS CODE OF CONDUCT (“CODE OF CONDUCT”) CAREFULLY AND IN ITS ENTIRETY. BY CLICKING THE “ACCEPT” BUTTON AT THE END OF THE AGREEMENT OR BY USING ELDER GAME, LLC (“ELDER GAME”) PRODUCTS AND/OR SERVICES (“PRODUCTS”), SUCH AS BUT NOT LIMITED TO WEBPAGES (“WEBPAGES”), PROJECT: GORGON (“GAME”), AND THE GAME LAUNCHER (“LAUNCHER”), YOU HEREBY AGREE TO THESE TERMS AND AGREE THAT THEY ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.
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ELDER GAME strives to foster a friendly environment where you can enjoy ELDER GAME provided PRODUCTS, discuss and share ideas, give gameplay advice, role-play, and converse about any other aspect that may be interesting to other players. The community forums, website, and in-game community is at its best when participants treat everyone with respect and courtesy. Therefore, we ask that you conduct yourself in a civilized manner when participating in communications on the website, in-game, or any other ELDER GAME provided community area.
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The CODE OF CONDUCT explains what type of behavior is expected of you and what behavior that you can expect from other members of the community. Please note: the following guidelines are not exhaustive examples and may not address all manner of offensive behavior. As such, we shall have full discretion to address any behavior that we feel is inappropriate. We reserve the right to suspend or ban your access to ELDER GAME provided PRODUCTS at any time and for any reason including but not limited to your failure to abide by the ELDER GAME TERMS OF SERVICE or this CODE OF CONDUCT. By using ELDER GAME provided PRODUCTS, you explicitly agree to the ELDER GAME TERMS OF SERVICE and the CODE OF CONDUCT as presented here.
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We reserve the right to evaluate each incident on a case by case basis. The action we take may be dependent on the individual circumstances of each incident. Any information related to a TERMS OF SERVICE or CODE OF CONDUCT violation is to remain private and shall not be posted or discussed with the general public. Adverse decisions may be appealed by emailing [email protected] with a full detailed description of the incident, but the final decision is at our discretion and is final. The ELDER GAME TERMS OF SERVICE AND CODE OF CONDUCT may change from time to time, and you agree to be bound to those changes, so check back periodically to ensure that you are aware of any changes. Your continued use of ELDER GAME provided PRODUCTS signifies your acceptance of these changes.
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The following categories of conduct are not allowed on the community forums, website, in-game or other ELDER GAME provided PRODUCTS:
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•Discrimination, Harassment, Defamation or hatred or the promotion thereof in regards to race, color, religion, creed, sex, sexual orientation, gender identity, national origin, and disability;
•Account Trading;
•Discussions or conduct related to extreme sexuality and/or violence;
•Real-Life Threats;
•Distribution of Real-Life Information;
•Using and/or discussing cheats, hacks, viruses, or other malicious programs;
•Impersonating Elder Game Staff, Developers, Moderators or volunteers;
•Using and/or discussing unreleased content and/or hacking data files;
•Using obscene, vulgar, or inappropriate language;
•Harassment and/or Defamation;
•Discussing illegal drugs and/or activities;
•Spamming and/or Trolling;
•Creating duplicate threads and/or reposting previously closed threads;
•Crosslinking threads;
•Advertising;
•Circumventing a Suspension and/or Ban;
•Discussing a Suspension and/or Ban publicly;
•Conduct and/or discussion that is detrimental to the community as determined solely by ELDER GAME staff.