By creating a character account on
Chiaroscuro, you take sole responsibility for what happens with
that account.
Characters are password-protected,
and those passwords are encrypted on the server. However, the
staff of Chiaroscuro and Mongoose Online Entertainment offer no
warranty or control over your computer and any access someone else
might get to your Telnet-friendly client software.
You are held accountable for any
and all actions taken by your character. If you feel your account
has been compromised, notify the staff immediately via the +str
system (+str/help) and request a password change.
Characters idle longer than 30 days
may be purged from the Chiaroscuro database.
Purged characters lose all
equipment, experience, accrued money and other benefits achieved
in-game.
Purge protection is available to
non-subscribers for a one-time fee of 10,000 NecroCredits.
The staff of Chiaroscuro and
management of Mongoose Online Entertainment are not held
accountable for the loss of character accounts due to inactivity.
It is your responsibility as a player to either acquire protection
against purging, subscribe, or remain active at least once a month
to avoid purging.
ChiaCredits and package deals can
be purchased via PayPal at our website:
http://chia.jointhesaga.com
Anyone can play Chiaroscuro for
free. However, various services are available to people wishing to
commission the personal time and creative talent in order to
attain perks and unique items.
Details of such services can be
found upon
http://chia.jointhesaga.com/credits.php
Refunds are not available for early
termination of subscriptions. Extra content remains accessible
until such time as the subscription is no longer current.
Mongoose Online Entertainment
reserves the right, at its sole and absolute discretion, to
change, modify, add to, supplement or delete any of the terms and
conditions of these Terms of Service at any time, including,
without limitation, access policies, the availability of any
Chiaroscuro feature, hours of availability, content, data,
software or equipment needed to access Chiaroscuro, the amount of,
or basis for determining, any fees or charges for Chiaroscuro, and
institution of new fees or charges for Chiaroscuro, effective upon
prior notice as follows: Mongoose Online Entertainment will post
notification of any such changes to Chiaroscuro on the Chiaroscuro
website and will post any revised Terms of Service in this
location, and may provide such other notice as Mongoose Online
Entertainment may elect in its sole and absolute discretion, which
may include by e-mail, postal mail, or in-game notice. If any
future changes to these Terms of Service are unacceptable to you
or cause you to no longer be in compliance with these Terms of
Service, you may cease to use your Chiaroscuro account and
terminate the account. The continued use of Chiaroscuro by you
following notice of changes to these Terms of Service will mean
you accept any and all such changes. Mongoose Online Entertainment
may change, modify, suspend, or discontinue any aspect of
Chiaroscuro at any time. Mongoose Online Entertainment may also
impose limits on certain features or restrict your access to parts
or all of Chiaroscuro without notice or liability. You have no
interest, monetary or otherwise, in any feature, content or
availability of Chiaroscuro, any game data or in any terms or
conditions of access to or use of Chiaroscuro.
Chiaroscuro players are expected to
know, understand and abide by rules of conduct set forth by
Mongoose Online Entertainment LLC.
These rules are not meant to be
exhaustive, and Mongoose Online Entertainment LLC reserves the
right to determine which conduct it considers to be outside the
spirit of the game and to take such disciplinary measures as it
sees fit, up to and including termination and deletion of the
character account.
Mongoose Online Entertainment LLC
reserves the right to modify these rules of conduct at any time.
Communicating with other Users and
Mongoose Online Entertainment representatives is an integral part
of Chiaroscuro and is referred to in this document as "Chat." Your
Chat sessions may be subject to review, modification, and/or
deletion by Mongoose Online Entertainment without notice to you.
Additionally, you hereby acknowledge that Mongoose Online
Entertainment is under no obligation to monitor Chat, and you
engage in Chat at your own risk.
When engaging in Chat in
Chiaroscuro, or otherwise utilizing Chiaroscuro, you may not:
(i) Transmit or post any content or
language which, in the sole and absolute discretion of Mongoose
Online Entertainment, is deemed to be offensive, including without
limitation content or language that is unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene,
hateful, sexually explicit, or racially, ethnically or otherwise
objectionable, nor may you use a misspelling or an alternative
spelling to circumvent the content and language restrictions
listed above.
(ii) Carry out any action with a
disruptive effect, such as intentionally causing the Chat to
scroll faster than other users are able to read, or setting up
macros with large amounts of text that, when used, can have a
disruptive effect on the normal flow of Chat.
(iii) Disrupt the normal flow of
dialogue in Chat or otherwise act in a manner that negatively
affects other users including without limitation posting
commercial solicitations and/or advertisements for goods and
service available outside of the Chiaroscuro universe.
(iv) Sending repeated unsolicited
or unwelcome messages to a single user or repeatedly posting
similar messages, including but not limited to continuous
advertisements to sell goods or services.
(v) Communicate or post any user's
personal information in or on the Chiaroscuro, or websites or
forums related to Chiaroscuro, except that a Chiaroscuro user may
communicate his or her own personal information in a private
message directed to a single user.
(vi) Use bots or other automated
techniques to collect information from Chiaroscuro or any forum or
website owned or administered by Mongoose Online Entertainment.
(vii) Harass, threaten, stalk,
embarrass or cause distress, unwanted attention or discomfort to
any user of Chiaroscuro.
(viii) Cheat or utilize Chiaroscuro
"exploits" in any way.
(ix) Participate in any action
that, in the sole and absolute opinion of Mongoose Online
Entertainment, results or may result in an authorized user of
Chiaroscuro being "scammed" or defrauded out of credits, weapons,
armor, or any other items that user has earned through authorized
gameplay in Chiaroscuro.
Some acts taken by players go
beyond what is "fair" and are considered serious violations of
these Terms of Service. Those acts include, but are not
necessarily limited to, the following:
(i) Using or exploiting errors in
design, features that have not been documented, and/or "coding
bugs" to gain access that is otherwise not available, or to obtain
a competitive advantage over other players.
(ii) Using tools that hack or
otherwise alter the Chiaroscuro server software.
(iii) Anything that Mongoose Online
Entertainment considers contrary to the "essence" of Chiaroscuro.
When you choose a character name,
form a clan/guild, or otherwise create a label that can be seen by
other players of Chiaroscuro, you must abide by the following
guidelines as well as the rules of common decency. If Mongoose
Online Entertainment finds such a label to be offensive or
improper, it may, in its sole and absolute discretion, change the
name, remove the label, and/or suspend or terminate your use of
Chiaroscuro.
In particular, you may not use any
name:
1. Belonging to another person with
the intent to impersonate that person, including without
limitation a staffer or any other employee or agent of Mongoose
Online Entertainment LLC.
2. That incorporates "swear" words
or which are otherwise offensive, defamatory, vulgar, obscene,
hateful, or racially, ethnically or otherwise objectionable.
3. Subject to the rights of any
other person or entity without written authorization from that
person or entity.
4. That belongs to a popular
culture figure, celebrity or media personality.
5. That is, contains, or is
substantially similar to a trademark or service mark, whether
registered or not.
6. Belonging to any religious
figure or deity.
7. Taken from Mongoose Online
Entertainment LLC's products, including feature character names
from OtherSpace, OtherSpace: New Journeys and Chiaroscuro, as well
as from any derivative creative works thereof.
8. Related to drugs, sex, alcohol
or criminal activity.
9. Comprised of partial or complete
sentence (e.g. Imagod, Crymorenoob)
10. Comprised of gibberish (e.g.
Axhdgd, Xljjst)
11. That uses "leet" or "dudespeak"
12. That incorporates titles
indicating rank, monarchistic titles or religious titles.
You may not use a misspelling or an
alternative spelling to circumvent the name restrictions listed
above, nor can you have a first and last name that, when combined,
violate the above name restrictions.
Mongoose Online Entertainment LLC
may, in its sole and absolute discretion, take whatever action it
deems necessary to preserve the integrity of Chiaroscuro.
Violation of any of the terms and conditions set forth herein may
result in actions being taken by Mongoose Online Entertainment
LLC, effective immediately or at a time determined by Mongoose
Online Entertainment LLC, which may include without limitation: (i)
temporarily suspending your access to Chiaroscuro, or (ii)
permanently terminating your access to Chiaroscuro. Without
limiting the foregoing, Mongoose Online Entertainment LLC retains
the right to decline service to any user who violates the
Chiaroscuro Terms of Service.
Limitations on your rights
pertaining to Chiaroscuro may include, but are not limited to, the
following:
A) Mongoose Online Entertainment
LLC reserves the right to produce any and all derivative work
based on the realms of Chiaroscuro. No one else may create
derivative works without prior expressed, written permission from
Mongoose Online Entertainment LLC.
B) You may not institute, assist,
or become involved in an attack upon any RPG-Works server or
otherwise attempt to disrupt the Chiaroscuro server. You may not
institute any such attack which results in the disruption of any
other player's Chiaroscuro experience. ANY ATTEMPT BY YOU OR ANY
OTHER PLAYER ON AN ACCOUNT TRACEABLE TO YOU TO DAMAGE Chiaroscuro
OR UNDERMINE THE LEGITIMATE OPERATION OF Chiaroscuro IS A
VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT
BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, MONGOOSE
ONLINE ENTERTAINMENT RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY
SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW. You may not,
whether intentionally or unintentionally, violate any applicable
local, state, national or international law or regulation in
connection with your use of Chiaroscuro.
The Service is further subject to
United States export controls. No software from this site and/or
service may be downloaded or otherwise exported or re-exported (i)
into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria or any other country to which the U.S. has
embargoed goods; or
(ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By using the Service,
you represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or on
any such list.
If any provision of this Agreement
shall be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from this Agreement and
shall not affect the validity and enforceability of any remaining
provisions.
This Terms of Service Agreement is
the complete and exclusive statement of the agreement between you
and Mongoose Online Entertainment LLC 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 Mongoose Online Entertainment LLC.
Mongoose Online Entertainment LLC
will cooperate fully with all governmental authorities and any
lawful orders of the court or other legal process with regard to
the release of information that relates to you and/or your use of
Chiaroscuro, including without limitation user Internet Protocol
(IP) addresses, associated personal information and all other user
information on file.
Mongoose Online Entertainment
agrees to provide access to Chiaroscuro until such time as
Chiaroscuro is "Out of Publication." Chiaroscuro shall be
considered "Out of Publication" following the date that
Chiaroscuro is no longer available for public access. Thereafter,
Mongoose Online Entertainment may, in its sole and absolute
discretion, continue to provide the Service or license to third
parties the right to provide the Service. However, nothing
contained herein shall be construed so as to place an obligation
upon Mongoose Online Entertainment to provide the Service beyond
the time that Chiaroscuro is Out of Publication. Neither the
Service nor Mongoose Online Entertainment's agreement to provide
access to the Service shall be considered a rental or lease of
time on or capacity of Mongoose Online Entertainment's server or
other technology.
All title, ownership rights and
intellectual property rights in and to Chiaroscuro (including
without limitation any user accounts, titles, computer code,
themes, objects, characters, character names, stories, dialogue,
catch phrases, locations, concepts, artwork, methods of operation,
moral rights, any related documentation, transcripts from the
game, character profile information) are owned by Mongoose Online
Entertainment LLC. Chiaroscuro is protected by the copyright laws
of the United States, international copyright treaties and
conventions, and other laws. All rights are reserved.