End User License Agreement
You must read and agree to this EULA before you can sign up for Sociolotron!
THIS AGREEMENT DESCRIBES THE TERMS UNDER WHICH SOCIOLOTRONICS. (COLLECTIVELY, <WE> OR <SOCIOLOTRONICS>) OFFERS YOU ACCESS TO AN ACCOUNT (THE "ACCOUNT") AND THE SERVICE TO ALLOW YOU TO PLAY SOCIOLOTRON ONLINE ROLE PLAYING COMPUTER GAME (THE "GAME"). BY CLICKING THE "I ACCEPT" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. BY CLICKING THE "DECLINE" BUTTON, YOU DECLINE OUR OFFER, IN WHICH CASE YOU MUST NOT INSTALL OR USE THE SOFTWARE, DELETE THE SOFTWARE AND ALL RELATED FILES FROM YOUR COMPUTER, AND PROMPTLY RETURN THE GAME PACKAGE AND ITS CONTENTS TO THE PLACE OF PURCHASE FOR A REFUND OR EXCHANGE SUBJECT TO THE RETURN POLICY OF THE RETAILER.
This Sociolotronics EULA is a legal agreement between you (either an individual or a single entity) and Sociolotronics, for the SOFTWARE PRODUCT identified above. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are not authorized to install and/or use the SOFTWARE PRODUCT.
1. AGE RESTRICTION: Accounts are available only to adults. You must be 21 years of age or older to use this software. If you are not 21 years of age or older, you are not allowed to use the software in any way, you are especially not entitled to obtain access to the online game in any way. In this case you must quit the software and delete all related files immediately.
By subscribing to and entering http://www.sociolotron.com http://www.sociolotronics.net or any other domain held by us dedicated to promote Sociolotron (SM) you certify the following information and understand that we are relying on such certification and agreement to these terms of service for allowing entry into the online game. You hereby certify under unsworn declaration of perjury the following:
A. That you are 21 years of age or older;
B. That you are familiar with all local laws in your area affecting your legal right to access erotica or adult oriented materials;
C. That you have the legal right to access adult oriented materials Sociolotronics has the legal right to transmit them to you; that you are requesting adult oriented materials for your own private enjoyment and that you will never share these materials with a minor or in ANY WAY make these materials available to a minor.
D. That you do not feel offended by the contents of The Sociolotron game as stated on the website www.sociolotron.com and that you know about and do not object to the erotic, violent, harassing or otherwise politically incorrect content of the game. Furthermore you declare that you do not object to being treated by other players in the ways enabled by THE SOFTWARE and as being described on the website www.sociolotron.com in any way.
2. We may amend this Agreement at any time in our sole discretion. Amendments shall be communicated to you at the time you log into your Account. Such amendments shall be effective whenever you agree to the amendments by accessing your Account or playing the Game after we make the notification available for your review.
3. To play the Game, you must: (I) purchase the Software (as defined below in Paragraph 7) for Sociolotron; (II) have a fully paid Account; (III) have a valid credit card (or, if we wish to make it available, a paid game card, or other Sociolotronic’s approved payment option(s)) but not a prepayed creditcard which is not allowed; and (IV) have an Internet connection (which we do not provide or pay for) to access your Account. In addition to any fees described herein, you are responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware, software, service and other costs you incur to access your Account. Neither this Agreement nor your Account entitles you to any subsequent releases of the Game and/or the Software, any expansion packs nor similar ancillary products. You understand that we may update or otherwise enhance the Game and/or the Software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement. You understand that online games evolve over time and, accordingly, system requirements to play the Game may change over time.
4. In the Account registration process, you will be required to choose a login name and a password. While you are encouraged to use a pseudonym, you may not choose a login name that violates anyone's trademarks, publicity rights or other proprietary rights. You may not disclose your password to any third party. We never ask you for your password by email, and you should not disclose it via email if someone asks you to do so. There may be an additional charge to reissue lost passwords. Although we may offer a feature that allows you to "save" or "remember" your password on your hard drive, please note that third parties may be able to access your computer and thus your Account.
5. We describe our fees for playing the Game and billing procedures related to the Account on the web at a hotlink located at www.sociolotron.com (<the Game Site>). The fees for the Game and billing procedures set forth on the Game Site are incorporated herein by reference and are subject to change at any time. All fees are prepaid and non-refundable. Upon your acceptance of these terms, we have the right to automatically charge your credit card the Account fee plus any applicable taxes we are required to collect, and you authorize us to do so. Thereafter, each time your Account comes up for renewal, we have the right to automatically charge your credit card the then-current renewal fee plus any applicable taxes we are required to collect, and you authorize us to do so. If we are unable to process your credit card at a renewal period, your Account may be immediately terminated. In the event that we choose to make a paid game card available, the procedures associated with such game card will be set forth on the web at a hotlink located at the Game Site. We are under no obligation to make a game card available for the Game. You may terminate your Account at any time through the Account registration process. If you terminate your Account during an initial free period, your account will be closed at the end of the free period and you will not be billed. If you terminate your Account during any subscription cycle, your Account will be closed at the end of the then-current cycle and you will not be billed again unless you affirmatively reopen the Account. We do not give full or partial refunds for subscription periods that you have purchased.
6. We may terminate this Agreement and/or suspend your Account immediately and without notice: (I) if you violate any provision of this Agreement; (II) if you infringe any third party intellectual property rights; (III) if we are unable to verify or authenticate any information you provide to us; (IV) if you violate any of the player rules of conduct located at the Game Site rules of conduct located at (either of which we may amend or supplement from time to time, in our discretion), or (V) if you engage in game play, chat or any player activity whatsoever which we, in our discretion, determine is inappropriate and/or in violation of the spirit of the Game, including but not limited to underaged roleplay and non roleplay related stalking of in game avatars or their players. If we terminate this Agreement or suspend your Account under these circumstances, you will lose access to your Account for the duration of the suspension and/or the balance of any prepaid period without any refund. We may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Game, in which case we may provide you with a prorated refund of any prepaid amounts.
7. You acknowledge that you are bound by the terms and conditions of the Software License and Limited Warranty that accompanies the Game. You acknowledge and agree that you have not and will not acquire or obtain any intellectual property or other rights, including any right of exploitation, of any kind in or to the software, artwork, music, and other components included in the accompanying CD-ROM / Install File (the <Software>) or the Game, including, without limitation, in any character(s), item(s), coin(s) or other material or property. You may not use any third party software to modify the Software or to change game play. You may not create, facilitate, host, link to or provide any other means through which the Game may be played by others, such as through server emulators; additionally, you may not engage in matchmaking for multi-player play over unauthorized networks. You may not decrypt or modify any data transmitted between client and server; you may not use or distribute macros or other programs which would allow unattended game play. You may not take any action which imposes an unreasonable or disproportionately large load (as determined by us) on our infrastructure. You may not buy, sell or auction (or host or facilitate the ability to allow others to buy, sell or auction) any Account or any Game characters, items, credits or copyrighted material or any other intellectual property owned or controlled by us or our licensors.
8. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, the accompanying website www.sociolotron.com and any copies of the SOFTWARE PRODUCT are owned by Sociolotronics. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.
9. As part of your Account, you can upload content to our servers in various forms, such as in the selections you make for the Game, in-game posts and chat, player run in-game newspapers which allow you to link to content not on our server, which for this agreement shall be treated equal to content uploaded to our server, and in chat rooms and similar user-to-user areas (collectively, your "Content"). If we, or our licensors, can reasonably construe that your Content contains any material that infringes any of our respective or collective intellectual property interests (hereafter, such Content shall be referred to as <Derivative Content>), you hereby acknowledge and agree that any such Derivative Content is owned by our licensors or us. For any of your Content that is not a Derivative Content, you hereby exclusively grant and irrevocably assign to our licensors and us all rights of any kind or nature throughout the universe to such Content (including all ancillary and subsidiary rights thereto which include, without limitation, merchandising and interactive media rights) in any languages and media now known or not currently known. To the extent that any of the rights assigned herein cannot presently be assigned under applicable law, you hereby exclusively grant to our licensors and us a universal, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all rights of any kind or nature associated with your Content, and all ancillary and subsidiary rights thereto, in any languages and media now known or not currently known. You hereby appoint our licensors and us as your attorney-in-fact, which appointment is coupled with an interest and is irrevocable, to act on your behalf (either jointly or separately) and to execute, deliver, record and file such documents necessary to document, perfect, protect and enforce the rights granted to both our licensors and us under this Agreement. Your Content shall not: (I) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (II) violate any law or regulation; (III) be defamatory, obscene, child pornography or harmful to minors; or (IV) contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, decrypt, intercept or expropriate any system, data or personal information. We may take any action with respect to your Content if we believe it may create liability for our licensors or us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
10. Limitations on Reverse Engineering, Decompiling, and Disassembly. You may not reverse engineer, decompile, or disassemble the object code portions of the SOFTWARE PRODUCT or the message protocols used to transmit information betweeen the SOFTWARE PRODUCT client and the server. You may not use or modify any portion or part of the software product for any purposes without the prior written consent of Sociolotronics.
11. We cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries.
For persons in European Union countries, terms such as <personal information> refer to <personal data> as defined by the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the <Directive>). We will not collect any personal data from you unless you provide it voluntarily by providing us with your freely given specific and informed consent. You acknowledge and agree that we may transfer such information (including, without limitation your personally identifiable information or personal data) to the United States or other countries or may share such information with our licensees and agents in connection with the Game; you should be aware that different laws and/or regulations may apply outside the European Union with respect to your personal data. Furthermore, if you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging.
You agree that we may communicate with you via email and any similar technology for any purpose relating to the Game, the Software and any services or software which may in the future be provided by us or on our behalf. Since we do not control other web sites and/or privacy policies of third parties, different rules may apply to their use or disclosure of the personal information you disclose to others. Solely for the purpose of patching and updating the Game and/or the Software, you hereby grant us permission to: (I) upload Game file information from your computer; and (II) download Game files to you. You acknowledge that any and all character data is stored and is resident on our servers, and any and all communications that you make within the Game (including, but not limited to, messages solely directed at another player or group of players) traverse through our servers, may or may not be monitored by us or our agents, you have no expectation of privacy in any such communications and expressly consent to such monitoring of communications you send and receive.
13. You are not allowed to exchange any personal information inside the Sociolotron environment which could lead to the identification of the real identity of a player, be it yourself or another player. You are not allowed to encourage others to release any such information. Violation of this rule may result in the suspension or termination of your account.
14. SOCIOLOTRONICS EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
15. We do not ensure continuous, error-free, secure or virus-free operation of the Software, the Game, your Account or continued operation or availability of any given server. Further, we cannot and do not promise or ensure that you will be able to access your Account whenever you want, and there may be extended periods of time when you cannot access your Account. You assume the entire risk as to the results and performance of the Software and the Game in connection with your hardware, and you assume the entire cost of all servicing, repair and/or correction of your hardware. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control.
16. IN NO EVENT SHALL SOCIOLOTRONICS, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE SOFTWARE, THE GAME OR THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND – TO THE EXTENT PERMITTED BY APPLICABLE LAW – DAMAGES FOR PERSONAL INJURY, EVEN IF SOCIOLOTRONICS, ITS LICENSORS OR THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF SOCIOLOTRONICS, ITS LICENSORS OR ANY OF THEIR PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST SOCIOLOTRONICS, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE SOCIOLOTRONICS AND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. SOME JURISDICTIONSSTATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU.
17. You shall comply with all applicable laws regarding your use of the Software, your access to your Account and your playing of the Game. Without limiting the foregoing, you may not download, use or otherwise export or re-export the Software except in full compliance with all applicable laws and regulations.
18. You are not employed in law enforcement acting in any way in connection with your duties or what you see as your responsibilities as law enforcement.
19. You are not allowed to name your character, your house, your gang or any other entity that you as a player can set an individual name for in any of the following ways: Trademarked names of products, services, or concepts , non-fantasy oriented names from popular media. These names can be either fictional or non-fictional, names chosen with the intent or possessed with the effect of harming the reputation of or used to impersonate a customer or representative of Sociolotronics LLC, names where the combination of the first and last name violate a previous rule. For all of the above, misspellings and alternative spellings of the word or words are also unacceptable.
20. You are not allowed to give any email address as your SMS/email contact in the Sociolotron game client that is not your own email address or an email address of your sms provider that will forward the messages exclusively to you. Doing so will lead to the permanent banning of your account. Your telephone or device carrier/provider may charge you for receiving SMS messages. Sociolotronics LLC is not responsible for any fees charged to you for receiving SMS messages by your provider. These fees are solely your responsibility.
21. Any transmission, posting, uploading, or emailing of any unsolicited or unauthorized advertising, promotional materials, "spam," internet radio stations, chatrooms, other internet games or any other form of solicitation is forbidden and could lead to the permenant banning of your account.
22. It is strictly forbidden to link, broadcast, stream, create, facilitate, host, or provide any other means that might possibly allow the content or subject matter of this game to be accessed by a minor.
23. All Virtual Property within the game Sociolotron, especially all Virtual Property kept on our server but not limited to that is owned by Sociolotronics LLC. You explicitely declare that you do not own any of the Virtual Property obtained by your game characters.
Neither our websites nor the downloadable online game Sociolotron contains any depiction of real people. No photographs, films whatsoever of real persons are anywhere on the web site or in the downloadable game. Instead all graphics consist of rendered artificial 3D cartoon characters and are therefore exempt from the requirements set forth in 18 U.S.C. § 2257 and 28 C.F.R. 75
25. This Agreement is governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. You and SOCIOLOTRONICS all submit to personal jurisdiction in California and further agree that any cause of action relating to this Agreement, your Account and/or the Game shall be brought and maintained in a court in Los Angeles, California or, at SOCIOLOTRONIC’S option, in the state courts located within the County of Los Angeles, State of California or the federal courts of the Northern District of California, and you waive any claim that either such forum is inconvenient. If any provision of this Agreement is held to be invalid or unenforceable under the laws of your jurisdiction, such provision shall be struck and the remaining provisions shall be enforced – nothing herein is intended to interfere with your statutory rights except to the extent permitted under applicable law. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between you and SOCIOLOTRONICS with respect to the subject matter hereof. Except as provided herein, this Agreement may not be amended except in a writing signed by both parties.
26. If you have any questions regarding your Account or play of the Game, please contact SOCIOLOTRONICS customer service via the Official Game Forums or by writing to firstname.lastname@example.org
Current fees, as described in Paragraph 5, above, for using the Game may be obtained online at www.sociolotron.com, and such fees are subject to change at any time.
For subscribers within the United States, The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning about these protections, information is available at www.safetysurf.com or other similar sites providing information on such protections.
18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement