tos.php

<h2>Marble Blast.com Terms of Service</h2><p class="centered">Last Modified: October 27th, 2014</p><h3>Welcome to Marble Blast.com!</h3><p>Thank you for joining the Marble Blast community! These services are provided entirely by the Marble Blast community staff and administrative users "as is".</p><p>By registering an account on Marble Blast.com or by logging in to the Marble Blast Platinum Leaderboards service, you hereby agree the terms bound by this document. PLEASE READ THESE TERMS CAREFULLY.</p><h3>General Terms of Service</h3><p>Your usage of the Game Client (Marble Blast Gold, Marble Blast Platinum, or any additional modifications to the original Marble Blast Gold) and Website Service (the Marble Blast.com online service) is subject to the Terms of Service outlined herein. By accessing our Website Service or Game Client, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Website Service or the Game Client. You must accept the Terms of Service prior to playing the Game Client.</p><h4>I. CHANGES TO THE TERMS OF SERVICE OR THE GAME CLIENT</h4><p>The Marble Blast Website Staff reserve the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete, at any time, any of the terms and conditions of this Agreement, any feature of the Game or the Website Service, content, data, software or equipment required to access the Game or the Website, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using the Game or Website Service. The Marble Blast Website Staff may change, modify, suspend, remove, or discontinue any aspect of the Game at any time. The Marble Blast Website Staff may also impose limitations on certain features or restrict access to parts or all of the Game without notice or liability.</p><h4>2. TERMINATION</h4><p>This Agreement is effective until terminated. You may terminate this Agreement by deleting the Game Client and by terminating all Marble Blast Accounts registered to you. The Marble Blast Website Staff may terminate this Agreement (and your access to the Game or the Website Service) with or without any notice for any reason, or for no reason. The provisions of the Privacy Policy, Intellectual Properties, Limitations of Liability, Indemnification, and Acknowledgements shall survive any termination of this Agreement.</p><h3>Privacy Policy</h3><p>Your privacy is very important to us and accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy:</p><ol><li>We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.</li><li>We will only retain personal information as long as necessary for the fulfillment of those purposes.</li><li>We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.</li><li>We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.</li><li>When you create a Marble Blast Account, you will be prompted to enter information that may personally identify you, such as name and email address. </li><li>WE WILL NEVER STORE INFORMATION ABOUT YOUR CREDIT OR DEBIT CARD IN THE EVENT OF A DONATION TRANSACTION. All such information is handled entirely by our third party payment provider(s).</li><li>We actively track and collect information about user accounts during your usage of the Game Client. The information tracked and stored includes (but not limited to):<ol><li>Your Computer's Desktop Resolution</li><li>Your Game Client's Windowed Mode Status</li><li>Your Computer's Operating System</li><li>Your Game Client's Shadow Rendering Mode</li><li>Your Game Client's Field of View Settings</li><li>Your Game Client's Ignition Version</li><li>Information about your GPU including driver information</li><li>Information regarding GUI clicks and views in the Game Client</li><li>Your interactions and clicks on the Website Service</li></ol></li></ol><p>Please take caution when posting information on our Website Service or in the Game Client that may contain sensitive information. Any information you post could be made public and could be used by any other individual without your knowledge or consent. Although we use strict procedures and security methods to protect your data, there is always the possibility that someone could obtain unauthorized access to your data. We cannot guarantee that the data you send us is 100% safe.</p><p>We are committed to conducting our services in accordance with these principles in order to ensure the confidentiality of personal information is protected and maintained.</p><h3>Marble Blast Accounts</h3><h4>I. GENERAL ACCOUNT INFORMATION</h4><p>Content provided by Marble Blast Website Staff modifications released on the Marble Blast Website may be restricted to users who have fashioned Marble Blast Website Accounts through our registration process. Marble Blast Website Accounts are provided to clients FREE OF CHARGE. A client may only register ONE account with Marble Blast.com's web services. Multiple users in the same household are permitted to create multiple accounts providing the previous statement holds true. You may not transfer or make publicly available your Marble Blast Website Account or its credentials to any third party including, but not limited to, friends, co-workers, or family members, with the exception of parents or guardians accessing accounts on their child's behalf. Any violation of these terms or the terms listed in this document may result in the temporary or permanent suspension of the account. In order to use your Marble Blast Website account, a steady connection to the Internet is required. All fees required to connect to the internet and any equipment that must be purchased to establish the connection must be covered at the client's expense.</p><h4>2. ELIGIBILITY</h4><p>By creating a Marble Blast Website account, you hereby acknowledge that you are an adult in your country of residence of at least the age of 18 years. You agree to these Terms of Service on behalf of yourself and, at your discretion, for one (1) minor child for whom you are the parent or guardian and whom you have authorized to play Marble Blast Website using the account created by you.</p><h4>3. NO OWNERSHIP RIGHTS OF ACCOUNT</h4><p>You hereby acknowledge and agree that you shall have no ownership or other property interest in any account stored or hosted on the Marble Blast Website server, including but not limited to your Marble Blast Website Account and associated statistical information or any content produced under the account, and you further acknowledge and agree that all rights in and to such accounts are and shall forever be owned by the Marble Blast Website Staff.</p><h4>4. ACCOUNT SUSPENSION OR DELETION</h4><p>THE MARBLE BLAST WEBSITE MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY MARBLE BLAST ACCOUNT AT ANY TIME FOR ANY REASON OR FOR NO REASON WITH OR WITHOUT NOTICE TO YOU. Accounts that are deemed to be in violation of our Eligibility or Code of Conduct clauses may be closed immediately at our discretion.</p><h4>5. CODE OF CONDUCT</h4><p>Your use of the Marble Blast game is governed by the rules outlined in this clause. These rules are maintained and enforced by the Marble Blast Website Staff, and must be adhered to by all players. It is your responsibility to read, understand and abide by the Marble Blast Website Code of Conduct. The Marble Blast Website Staff maintain the right to impose additional restrictions and take disciplinary measures to ensure the longevity and positivity of the Marble Blast community, including termination and deletion of any Marble Blast Website Account. The Marble Blast Website Staff reserve the right to modify this Code of Conduct clause at any time.</p><h4>1. Rules regarding Usernames or Team Names</h4><p>Users may change their display name at any time in their Account Settings panel, and will be required to provide a display name on account creation. Users may also create and name "Teams" during certain Multiplayer game environments, as well as their own Multiplayer Server Information contents, such as server names and descriptions. When you choose a name or team name or modify server information that will be seen by other players during gameplay, you must abide by the following guidelines and use common decency. If any Marble Blast Website Staff member finds any username or team name or server information offensive or improper, we may change the username, team name, and/or suspend or terminate your account. In particular, you may not use any name that:</p><ol><li>Belonging to another person or user with the intent of impersonation of that person;</li><li>Incorporates vulgar or offensive language that may be deemed offensive, defamatory, obscene, hateful, racially or ethnically discriminating;</li><li>Belongs to a popular culture figure, celebrity, or media personality;</li><li>Contains or is similar or exactly referring to a trademark or service mark;</li><li>Belonging to any religious figure or deity;</li><li>Related to drugs, sex, alcohol, or criminal activity.</li></ol><h4>2. Rules regarding Chat and General Interaction with Other Users</h4><p>Users may communicate with one another through the usage of our Chat Service through either the website or game client. When engaging in chat, you may not do any of the following:</p><ol><li>Transmit or post any content or language which, at the sole and absolute discretion of the Marble Blast Website Staff, may be deemed offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, racially, ethnically orotherwise objectionable, nor may you use a misspelling or alternative spelling to circumvent the content and language restrictions listed above;</li><li>Carry out any action with a disruptive effect, such as excessive chat lines, or setting up macros with large amounts of text that, when used, may have a disruptive effect on the normal flow of chat;</li><li>Post excessive voice messages that may be disruptive to other players through gameplay performance limitations or with regards to the previous clause;</li><li>Post unsolicited or unwelcome messages to a single user or a group of users repeatedly, including without limitation advertisements to sell goods or services;</li><li>Convey or disclose any user's personal information in the game client or on the website or forums excepting that a user provides their own personal information in a private message or whisper directed at a single user;</li><li>Harass, threaten, stalk, embarrass, or cause distress, unwanted attention or discomfort to any user of the game or website;</li><li>Impersonate any real person, including without limitation any Marble Blast Website Staff member or community member, or in any way designed to make others believe that your message constitutes a server message or was otherwise provided by any Marble Blast Website Staff agent.</li></ol><h4>3. Rules regarding Website and Forum Content</h4><p>Users may also communicate through the chat service through the usage of the Marble Blast Website and must follow the guidelines listed in the chat service clause above. In addition, users must abide by the following rules when posting or uploading content to the Marble Blast Website Forum service:</p><ol><li>Users may not post forum responses with the intention of "de-railing" or otherwise invoking a change of the original thread topic;</li><li>Users may not post forum responses with the sole intention of excessively "bumping" or otherwise forcing a thread topic to the recent threads page EXCEPTING that thread is located in the Marble Blast Support Board;</li><li>Users may not use the forums to promote third party services, products, websites, and/or organizations or otherwise post content that may be considered advertising, junk, mail, spam, chain letters, or any other form of unauthorized solicitation EXCEPTING that thread is located in the Marble Blast Spam Board;</li><li>Users should refrain from posting their own or other user's personal information including but not limited to names, physical or email addresses, age, phone numbers, credit card or sensitive account credential information. Posts that are deemed to be containing this type of information may be removed at any time without warning at the discretion of the Marble Blast Website Staff and its agents.</li><li>Users may not use the Upload data feature of the website to perform any of the following intentions:<ol><li>Distribute any illegal programs including the full version of the Marble Blast game;</li><li>Distribute any illicit or otherwise malicious files, materials or programs with the intent of attacking or acquiring user information;</li><li>Content with the sole intention of disrupting the operations of the Website or game client Service.</li></ol></li></ol><h4>4. Rules regarding Playing the Game Client</h4><p>Users are prohibited from performing any act through the use of a third party program, the exploitation of errors in design, program bugs, or code inspection, injection and execution that grants the user access to content that is otherwise not accessible OR that grants the user a competitive advantage over other players. The Marble Blast Website Staff reserve the right to suspend or terminate ANY account that may be deemed in violation of this clause at the agent's discretion.</p><h4>5. Unsolicited Idea Submission Policy</h4><p>The Marble Blast Website Staff do not accept or consider unsolicited ideas, including original content or artwork or any other work conceived by a third party EXCEPTING that the content applies to the Marble Blast Gold or any of its modifications. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works ("submissions") in any form to The Marble Blast Website Staff or any of its agents UNLESS you accept the conditions outlined herein:</p><ol><li>Your submissions and their contents will automatically become the property of Marble Blast and its affiliates, without any compensation to you;</li><li>The Marble Blast Website Staff reserve the right to use or redistribute the submissions and their contents for any purpose and in any way in accordance with Marble Blast's Terms of Use and its affiliates;</li><li>There is no obligation for The Marble Blast Website Staff, Marble Blast, or its affiliates to review any submissions beforehand;</li><li>There is no obligation for The Marble Blast Website Staff, Marble Blast, or its affiliates to keep any submissions confidential.</li></ol><h4>6. Additional Limitations</h4><p>You agree that you will not, under any circumstances:</p><ol><li>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 Client and contents without the written consent of the Marble Blast Website Staff or one of its agents;</li><li>Use cheats, automation software (bots), hacks, modifications, or any other unauthorized third-party software designed to modify the Game Client or the Game's experience;</li><li>Exploit the game of any of its parts, including without limitation the Game Client, for any commercial purpose not otherwise expressly set forth herein for performing in-game services in exchange for payment outside the Game, e.g. Rating Boosting;</li><li>Use any unauthorized third-party software that intercepts (mines) or otherwise collects information from or through the Game or the Website Service, including without limitation any software that reads areas of RAM used by the Game Client to store information about a user or the game environment; provided, however, that the Marble Blast Website Staff may, at its sole and absolute discretion, allow the use of certain third party user interfaces;</li><li>Modify or cause to be modified any files that are a part of the Game Client in any way not expressly authorized by The Marble Blast Website Staff;</li><li>Intercept, emulate or redirect the communication protocols used by Game Client in any way, for any purposes, including without limitation unauthorized play over the Internet, network play, or as part of content aggregation networks;</li><li>Facilitate, create or maintain any unauthorized connection to the Game Client or Website Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Website Service; and (b) any connection using programs or tools not expressly approved by The Marble Blast Website Staff;</li><li>Sell, grant a security interest in, or transfer reproductions of the Game Client to other parties in any way not expressly authorized herein, or rent, lease or license the Game Client or Website Service to others.</li></ol><h3>Intellectual Properties</h3><p>The Marble Blast.com Website, Marble Blast, Marble Blast Gold, Marble Blast Platinum, and any future or current Marble Blast Modifications, as well as the Leaderboards and Marble Blast Accounts are the sole property of Marble Blast and its affiliates, namely the original developing corporation GarageGames (GG) and its current Intellectual Property holder, InterActiveCorp (IAC). As such, they are fully protected by the appropriate international copyright and other intellectual property rights laws.</p><p>THE MARBLE BLAST WEBSITE STAFF AND ITS COMMUNITY MEMBERS ARE NOT RESPONSIBLE FOR THE UPHOLDING OF THE INTELLECTUAL PROPERTIES ASSOCIATED WITH MARBLE BLAST AND ITS AFFILIATES AND ARE FREE OF ANY LIABILITY HEREIN. THE MARBLE BLAST WEBSITE STAFF WILL, IN OUR BEST EFFORTS, ENSURE THE INTELLECTUAL PROPERTIES FOR MARBLE BLAST AND ITS AFFILIATES ARE UPHELD FULLY.</p><p>Your usage of Marble Blast, the Game Client, and the Website Service must also comply with the original Marble Blast Terms of Service. By signing this Agreement, you also herein agree to the Terms of Service of Marble Blast.</p><p>THE MARBLE BLAST WEBSITE STAFF AND ITS COMMUNITY MEMBERS HAVE BEEN GRANTED FULL ACKNOWLEDGEMENT AND WRITTEN PERMISSION FROM THE ORIGINAL DEVELOPERS AND SHAREHOLDERS OF MARBLE BLAST TO FULLY MODIFY THE MARBLE BLAST GAME CLIENT WITH THE EXCEPTION OF THE GAME ENGINE EXCEPTING THE MODIFIED CLIENTS ARE RELEASED PUBLICLY FREE OF CHARGE TO INDIVIDUALS WHOM HAVE PURCHASED A FULL, LICENSED COPY OF THE ORIGINAL MARBLE BLAST GOLD CLIENT. AS SUCH, WE WILL NEVER CHARGE ANY INDIVIDUAL FOR ANY MODIFICATION PACKAGES OR CONTENT FASHIONED AND DISTRIBUTED THROUGH OUR WEB SERVICE OR GAME CLIENT.</p><p>THE MARBLE BLAST WEBSITE STAFF AND ITS COMMUNITY MEMBERS ARE ALSO FREE TO DISTRIBUTE THE MARBLE BLAST GOLD PACKAGE CONTENTS EXCEPTING THE CORE GAME FILES, IN THE EVENT THAT THE TWO PARTIES EXCHANGING THE PACKAGE HAVE A FULLY LICENSED COPY OR RECORD OF MARBLE BLAST GOLD. THE MARBLE BLAST WEBSITE STAFF WILL ONLY DISTRIBUTE VERSIONS OF MARBLE BLAST GOLD WITH THE EXCLUSION OF ITS CORE GAME FILES TO INDIVIDUALS REGISTERED ON OUR WEBSITE SERVICE WHOM HAVE WRITTEN CONFIRMATION OF HAVING PURCHASED THE MARBLE BLAST GOLD CLIENT IN FULL AND HAVE SIGNED OUR TERMS OF SERVICE. FURTHERMORE, THE MARBLE BLAST STAFF CANNOT BE HELD LIABLE FOR THE ILLEGAL DISTRIBUTION OF THE FULL VERSION OF THE MARBLE BLAST GOLD CLIENT OUTSIDE THE CONTROL OF THE MARBLE BLAST WEBSITE STAFF AND ITS AGENTS. ANY MARBLE BLAST ACCOUNTS THAT ARE SUSPECTED OF DISTRIBUTING ILLEGAL COPIES OF THE MARBLE BLAST CLIENT MAY BE TERMINATED AT ANY POINT WITHOUT WARNING.</p><p>Any additional scripts or original works done by development members of the Marble Blast Community are provided as-is, in a post-compiled format. Scripts that are written by the development members and that do not use content provided in the original Marble Blast client hold their own intellectual properties under the Berkeley Software Distribution (BSD) License. Furthermore, scripts created by the development members of the Marble Blast Community are owned by their respective authors. The Marble Blast Website Staff are not liable for the legal or illegal distribution or unauthorized usage or acquisition of these scripts.</p><h3>Limitations of Liability</h3><p>IN NO EVENT SHALL THE MARBLE BLAST WEBSITE STAFF AGENTS OR COMMUNITY MEMBERS, PARENT OR SUBSIDIARIES, LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHERWISE CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE GAME CLIENT OR THE WEBSITE SERVICE.</p>The Marble Blast Website Staff shall not be liable for any delay or failure to perform our game client or website resulting from causes outside the reasonable control of the Marble Blast Website Staff, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our 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, or unforeseen hardware failure.<h3>Indemnification</h3><p>YOU HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MARBLE BLAST, THE MARBLE BLAST WEBSITE STAFF, ITS PARENT, SUBSIDIARIES AND AFFILIATES FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME AND/OR THE WEBSITE SERVICE.</p><h3>Acknowledgements</h3><p>You hereby acknowledge and agree that:</p><ol><li>WHEN THE GAME IS RUNNING, THE MARBLE BLAST CLIENT MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, GRAPHICS PROCESSING UNIT(S) (GPU), SCREEN RESOLUTION, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE.</li><li>THE MARBLE BLAST CLIENT MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. ADDITIONALLY, YOU ACKNOWLEDGE THAT THE MARBLE BLAST WEBSITE STAFF ARE UNDER NO OBLIGATION TO MONITOR YOUR ELECTRONIC COMMUNICATION, AND YOU ENGAGE IN THOSE COMMUNICATIONS AT YOUR OWN RISK.</li><li>The Marble Blast Website Staff may, with or without notice to you, disclose your Internet Protocol (IP) Address(es), personal information, chat logs, and other information about you and your activities in response to a request by law enforcement, a court order or other legal processes.</li><li>You are responsible in full for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Marble Blast Servers.</li></ol><h3>Miscellaneous</h3><p>This Terms of Service Agreement is the complete and exclusive statement of the agreement between you and The Marble Blast Website Staff concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and The Marble Blast Website Staff. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.</p><p>If you have any questions about this Agreement, please feel free to contact us at marbleblastforums@gmail.com.</p><strong>I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THE TERMS OF SERVICE AGREEMENT AND AGREE THAT MY USE OF THE GAME IS AN ACKNOWLEDGEMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AGREEMENT.</strong>