| Rules and Terms of Service (ToS)
Updated on 23rd February, 2005
The following document base the relationship between you the player and us, the company that runs the PrisonServer game.
Please be aware that failure to comply with these Rules or Terms of Service may result in the termination of your PrisonServer game account with NO refund.
As a small brief before the whole document, please NOTE:
You are responsible for any activity produced from your account, no matter who is using it. If any of such activity is considered inappropiate for the game, for our network, or for other players, your account may be suspended or cancelled without notice.
Please be advised that this game has run for 5 years in other countries and we enforce a cheat-free game. The PrisonServers WILL terminate, automatically, any account that tries to cheat or hack. We also carefully monitor any suspicious activity that is not handled automatically by our automatic server protection and we WILL catch you. You've been warned.
RULES AND TERMS OF SERVICE (ToS):
1. TERMS OF AGREEMENT
Terms of Agreement. Serving Online Worlds, S.L. offers to allow you to play its multi-player online computer game "PrisonServer" on a pay-for-use basis conditioned on your agreement to all of the terms and conditions contained in this Agreement and your compliance with the Rules. Your use of PrisonServer constitutes your agreement to all such terms and conditions and your agreement to comply with the Rules.
Accepting the Rules and Terms of Service:
Serving Online Worlds, S.L. may amend this Agreement or modify the Rules of Conduct at any time in its sole discretion by posting the amended Agreement or modified Rules of Conduct on the PrisonServer website and ingame. Amendments to the Agreement will be effective seven (7) days after the amended Agreement is posted. Modifications to the Rules of Conduct will be effective immediately upon posting. Your use of PrisonServer after the effective date of any amendments to this Agreement constitutes your agreement to the amendments. You agree to check this Agreement and the Rules of Content periodically so you will be familiar with their content as amended or modified from time to time.
2. DESCRIPTION OF SERVICE
Serving Online Worlds, S.L. offers PrisonServer as a fee-based online role-playing game service accessible (the "Service") through the internet at "PrisonServer.co.uk" (the "Web Site"). Serving Online Worlds, S.L. reserves the right to change the URL address of the Web Site at any time and from time to time. To use the Service, you will need to install software which Serving Online Worlds, S.L. makes available from the Web Site (the "Software"). Anyone desiring to use the Service is required to create an account with Serving Online Worlds, S.L. (the "Account"). Serving Online Worlds, S.L. does not provide Internet access, and you are responsible for all fees associated with your Internet connection. The Web Site located at www.PrisonServer.co.ok is an active part of the Service and any use of the website is governed by the same Terms of Agreement and Rules of Conduct.
3. LICENSE TO USE
Subject to the terms of this Agreement, Serving Online Worlds, S.L. grants to you a non-exclusive license to use the Service, and a non-exclusive license to use the Software in connection with the Service, for a trial period defined when you create a free account, without charge, and thereafter on a pay-for-use basis for so long as you maintain an authorized and fully-paid Account. You may not sublicense, rent, lease, loan or otherwise transfer the Software for profit, modify, adapt, reverse engineer or decompile the Software, or create any derivative works in respect of the Software or the Service, or otherwise use the Software except as expressly provided in this Agreement.
4. RULES OF CONDUCT
The following rules govern basic interaction within the PrisonServer game and the PrisonServer website. Please be aware that failure to comply with these rules of conduct may result in the termination of your PrisonServer game account according to the PrisonServer Terms of Service (also in this Agreement).
In addition to these rules of conduct, explicit rules affecting your account may be found also in this Agreement.
(i) The Out of Character Harassment and Offensive Language Amendment:
1) This is a game. While playing PrisonServer, you must respect the rights of others and their rights to play and enjoy the game, unless you're using the legal possibilities that the game provides within your character and, of course, you don't break any of this rules of conduct.
2) You'll find more than offensive language at non-player characters conversations, and so you or other players can use such language. We have no filters. BUT, you cannot, out of character, defraud, harass, threaten, or cause distress and/or unwanted attention to other players. If you don't like other's comments or speech, you can do something about it...
3) Every player have the ability to ignore other players within a game-command, that includes chat messages and other type of messages that you can receive directly from other players activity that could be used to disturb you. If that's not enough, well. There are other games.
4) Remember that you're not free to do what you want. Just use your judgement: if someone ignores you, re-entering the game using another character to assure the harassment would be a break of this rule of conduct.
5) If we receive complaints about any activity of other players, Serving Online Worlds, using careful judgment, WILL consider if that player activity is inappropiate for the game or for other players and WILL take action. Again, please just use judgement or ask us first.
(ii) When communicating in PrisonServer you may not post or communicate any other player's real world information (name, address, account name, etc.) through the PrisonServer game or on the official PrisonServer website.
(iii) When communicating in PrisonServer you may not spam, flood, make duplicate posts or impersonate other player using any chat joke or trick. Respect the others. Any abuse of the chat system is not allowed.
(iv) You may not impersonate, defraud, harass, threaten or use offensive language towards any Serving Online Worlds employee (seen as GameMasters in game).
(v) You cannot impersonate or steal any other game account. Of course, stealing accounts will result in termination of all your own accounts.
(vi) You may not violate any local, state, national, or international laws or regulations. This rule is over any other rule.
(vii) You may not market, promote, advertise, or solicit within the PrisonServer game or on the official PrisonServer website.
(viii) You may not modify any part of the PrisonServer Client, Server, or any part of the official PrisonServer website.
(ix) You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to any PrisonServer account.
(x) You may not advertise the intent to or commit the act of buying or selling items for cash or trading items from one server to another.
(xi) You may not arrange for the exchange or transfer of any pirated or illegal software while using the PrisonServer game or website.
(xii) You will follow the instructions of authorized personnel while in PrisonServer or on the Official Website.
(xiii) You may not organize nor be a member of any pledges or groups within PrisonServer that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hatemongering philosophies.
(xiv) You may not provide false information or intentionally hide any information when registering for your PrisonServer account.
(xv) You may not upload or transmit on PrisonServer or the official PrisonServer website any copyrighted content that you do not own all rights to without the express written permission of the author or copyright holder.
(xvi) You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers running PrisonServer.
(xvii) You will not exploit any bug in PrisonServer and you will not communicate the existence of any such exploitable bug (bugs that grant the user unnatural or unintended benefits) either directly or through public posting, to any other user of PrisonServer. Bugs should be promptly reported via Support at https://PrisonServer.co.uk/english/tickets
(xviii) You will not attempt to play PrisonServer on any server that is not controlled or authorized by Serving Online Worlds or its designees.
(xix) You will not create, use, or provide any server emulator or other site where PrisonServer may be played, and you will not post or distribute any utilities, emulators or other software tools related to PrisonServer without the express written permission of Serving Online Worlds.
(i) Eligibility. Accounts are available only to adult individuals 18 years of age or older. If you are less than 18 years of age and wish to use the Service, your parent(s) or guardian(s) must complete the registration process, open an Account in their name(s) and accept full responsibility for all obligations under this Agreement. Those who have completed these steps and who maintain their Account in good standing are sometimes referred to in this Agreement as "Members." By clicking the "I agree" button you represent that you are an adult 18 years of age or older. Only one person may use an Account. The registered user of an Account may use the Account or may choose instead to permit a minor child of the registered user to use the Account. You are liable for all activities conducted through your Account, and parents or guardians are liable for all activities of their minor child conducted through the Account.
(ii) Account login. At the time your Account is opened, you must choose a name to identify yourself to Serving Online Worlds, S.L. staff (your "Account login"). You may not select as your Account login the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which Serving Online Worlds, S.L. deems in its discretion to be vulgar or otherwise offensive. Serving Online Worlds, S.L. reserves the right to delete, or to change, any vulgar or otherwise offensive Account login. You have sole liability for all activities conducted through your Account or under your Account login.
(iii) Account. By agreeing to the User Agreement you agree that you do not own the account you use to access the service, the characters Serving Online Worlds, S.L. stores on Serving Online Worlds, S.L. servers, the items stored on these servers, or any other data which the servers and accounts are comprised of. The account you create is needed to login to the service and the fee that you pay is to continue to access the service.
(iv) Character Nick. In order to use the service, you must create a character and choose a name for your character to identify your character to other Members (your "Character Nick"). You may not select as your Character Nick the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of Serving Online Worlds, S.L., or which Serving Online Worlds, S.L. deems at its sole discretion to be vulgar or otherwise offensive. Serving Online Worlds, S.L. reserves the right to delete, or alter any vulgar or otherwise offensive Character Nick.
(v) Passwords. At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account and Account login. At no time should you respond to an online request for a password. Serving Online Worlds, S.L. will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process.
(vi) Registration Obligations. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Serving Online Worlds, S.L. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Serving Online Worlds, S.L. has the right to suspend or terminate your Account and refuse any and all current or future use of the Service.
(vii) Former Members. Members whose Accounts have been terminated by Serving Online Worlds, S.L. may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of Serving Online Worlds, S.L.
(viii) Related Accounts. If Serving Online Worlds, S.L. terminates an Account, Serving Online Worlds, S.L. may terminate any other Accounts that share the same member name, phone number, email address, postal address, Internet Protocol address, or credit card number with the terminated Account.
(ix) Server wide chat. In PrisonServer, level 6+ characters have the privilege of sending several types of server wide messages (global chat). With this privilege comes a high level of responsibility on the part of the user. Due to the fact that this communication channel has the ability to impact every player on the server, Serving Online Worlds will not tolerate any inappropriate behavior of any sort in this chat channel. This includes but is not limited to: inappropriate language out of game-character, inappropriate or vulgar content of any sort, repeated 'spamming', or 'flooding' of the global chat channel, or any other conduct that can be construed in any way inappropriate by PrisonServer Support. Common sense is just a good rule here. Any violation of this term or rules of conduct may lead to the account being suspended for a set period of time, or lead to permanent account closure.
6. SERVICE FEE
Our fees and billing procedures are published in the Web Site, which are incorporated herein by this reference. All fees are stated in Euros. YOUR MEMBERSHIP FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. We will NOT automatically charge your credit card, you must manually renew your membership. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT. By paying by credit card, you represent to Serving Online Worlds, S.L. that you are the authorized user of the credit card used to pay the Account fee.
7. CONTENT AND MEMBER CONDUCT
You acknowledge that: (i) by using the Software and the Service you will have access to graphics, sound effects, music, animation-style video and text (collectively, "Content"), and (ii) Content may be provided under license by independent content providers, including text contributions from other Members (all such independent content providers, "Content Providers"). Serving Online Worlds, S.L. does not pre-screen Content as a matter of policy. Serving Online Worlds, S.L. has the right, but not the obligation, to remove Content at any time which it deems to be harmful, offensive, or otherwise in violation of this Agreement.
Rights in Content.
You acknowledge that Serving Online Worlds, S.L. and Content Providers have rights in their respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that you will not use any Content other than in connection with playing PrisonServer.
Members can upload Content to our servers in various forms, such as in selections you make for PrisonServer and in the Web Site and similar user-to-user areas. Unless specified otherwise in your transmission, by submitting your Content to any area on the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to Serving Online Worlds, S.L. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree not to use the Service to: (a) upload, post, e-mail or otherwise transmit Content that infringes any third party rights; (b) impersonate any person or entity, including, but not limited to, an Serving Online Worlds, S.L. employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload, post, e-mail or otherwise transmit Content that violates any law or regulation; (d) upload, post, e-mail or otherwise transmit Content as determined by Serving Online Worlds, S.L. at its sole discretion that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or contains any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (e) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or (h) "stalk" or otherwise harass another member.
8. OFFICIAL SERVICE
Serving Online Worlds, S.L. has designed PrisonServer for play only as offered by Serving Online Worlds, S.L. at the Web Site. You agree to play PrisonServer only as offered by Serving Online Worlds, S.L. at the Web Site and not through any other means. You further agree not to create or provide any other means through which PrisonServer may be played by others, as through server emulators. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for PrisonServer, except that you may use the Software to the extent expressly permitted by this Agreement. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any PrisonServer accounts, characters, items, coin or copyrighted material.
The personal information you provide us during registration is used for our internal purposes only. We use the information we collect to learn what you like and to improve the Service. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, we will not give any of your personal information to any third party, period. We do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. We can (and you authorize us to) disclose any information about you to law enforcement agencies or government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Service, the Software and any services or software which may in the future be provided by us or on our behalf.
10. MONITORING OR PETITIONING INAPPROPIATE BEHAVIOUR
While Serving Online Worlds, S.L. may choose to monitor and take action upon inappropriate game play, chat or links to the Service, or take action upon players requests on inappropiate behaviour, it is possible that at any time there may be language or other material accessible on or through the Service that may be inappropriate for children or offensive to some users of any age. Serving Online Worlds, S.L. cannot ensure that other players will not provide Content or access to Content that parents or guardians may find inappropriate or that any user may find objectionable. Serving Online Worlds, S.L. does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player.
11. INTERRUPTION OF SERVICE
(i) Serving Online Worlds, S.L. reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance and/or software updates.
(ii) You acknowledge that the Service may be interrupted for reasons beyond the control of Serving Online Worlds, S.L., and Serving Online Worlds, S.L. cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. Serving Online Worlds, S.L. shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes beyond its reasonable control.
(iii) Serving Online Worlds, S.L. shall not be obligated to refund all or any portion of any Account fee by reason of any interruption of the Service by reason of any of the circumstances described in paragraph (a) or (b).
12. DISCLAIMER OF WARRANTY
Serving Online Worlds, S.L. PROVIDES THE SERVICE, THE SOFTWARE, THE ACCOUNT, THE PRISONSERVER GAME AND ALL OTHER SERVICES ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Service, the Software, your Account or PrisonServer. 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 that vary from state to state.
13. LIMITATION OF LIABILITY
THE MAXIMUM AMOUNT OF SERVING ONLINE WORLDS'S LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF ACCOUNT FEES PAID BY YOU TO SERVING ONLINE WORLDS, S.L., AND IN NO EVENT SHALL SERVING ONLINE WORLDS, OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER OR IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE, THE SOFTWARE, YOUR ACCOUNT OR THIS AGREEMENT, WHETHER OR NOT SERVING ONLINE WORLDS MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
You agree that Serving Online Worlds, S.L. cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the PrisonServer service.
14. COMPANY INDEMNIFICATION
At Serving Online Worlds' request, you agree to defend, indemnify and hold harmless Serving Online Worlds, S.L. its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers, its licensees, distributors, Content Providers, and other Members of the Service, from all damages, liabilities, claims and expenses, including attorneys' fees and costs, arising from any breach of this Agreement by you.
15. TERMINATION OF THIS AGREEMENT
(i) We may terminate this Agreement (including your Software license and your Account) immediately and without notice if you breach this Agreement or willfully infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of PrisonServer as described in the Rules of Conduct. If we terminate this Agreement under any circumstances, you will lose access to your Account for the balance of any prepaid period without any refund.
(ii)You agree that if the service or your account is terminated or cancelled for any reason or length of time, you are not entitled to any reimbursement or refund of any fees or unused access time.
16. GENERAL PROVISIONS
This Agreement is governed by and shall be construed and enforced under the laws of Spain, without applying any conflicts of law principles which would require application of the law of any other jurisdiction. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Serving Online Worlds, S.L. shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Serving Online Worlds, S.L.