"Spring Is Here! Wake up and look out your windows!"
REVISED OCTOBER 11TH, 2007
THIS AGREEMENT DESCRIBES THE TERMS UNDER WHICH MOPRO SOFTWARE LLC (“WE” OR “MOPRO”) OFFERS YOU ACCESS TO AN ACCOUNT (THE " ACCOUNT ") AND THE SERVICE TO ALLOW YOU TO PLAY THE PECS PLACE COMPUTER GAME AND ITS EXPANSION PACK(S) (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..
1. Accounts are available only to adults or, in their discretion, their minor child. If you are a minor, your parent or guardian must complete the registration process, in which case he or she takes full responsibility for all obligations under this Agreement. By clicking the "I Accept" button, you represent that you are an adult and are accepting this Agreement either on behalf of yourself or your child. You may not transfer or share your Account with anyone, except that if you are a parent or guardian, you may permit one child to use the Account instead of you (in which case you may not use that Account). You are liable for all activities conducted through the Account, and parents or guardians are liable for the activities of their child. Corporations and other entities are not eligible to procure Accounts.
2. To play the Game, you must: (i) purchase the Software (as defined below in Paragraph 7) for PECS PLACE and any expansion packs you wish to play ; (ii) have a fully paid Account; (iii) have a valid credit card (or, if we wish to make it available, a paid game card); 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.
3. 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 we make the notification available for your review.
4. In the Account registration process, you will be required to choose a login name and a password. 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 http://www.pecsplace.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 stated in U.S. dollars unless otherwise specified. 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 your 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 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. 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 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 or DVD-ROM (the “ Software ”) or the Game, including, without limitation, in any character(s), item(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 or which otherwise impact game play. You may not take any action which imposes an unreasonable or disproportionately large load (as determined by us) on our infrastructure.
8. 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, 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 pornographic 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.
9. 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. 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 agree that we may communicate with you via telephone, 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. You expressly permit MOPRO 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. 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 may choose to visit http://www.pecsplace.com. You are subject to the terms and conditions, privacy customs and policies of MOPRO while on GAME or Website. 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 and ensuring the integrity of the Game, you hereby grant us permission to: (i) upload Game related file information and data 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.
10. MOPRO 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.
11. 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.
12. IN NO EVENT SHALL MOPRO, 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 MOPRO, 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 MOPRO, ITS LICENSORS OR ANY OF THEIR PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $10. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST MOPRO, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE MOPRO AND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU.
13. 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.
14. This Agreement is governed in all respects by the laws of the State of Arizona as such laws are applied to agreements entered into and to be performed entirely within Arizona between Arizona residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. You and MOPRO all submit to personal jurisdiction in Arizona 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 Maricopa County, Arizona or, at MOPRO's option, in the state courts located within the County of Maricopa, State of Arizona or the federal courts, and you waive any claim that either such forum is inconvenient. 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. 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 MOPRO 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.
All Account, registration, server management and server operation services hereunder are offered by MOPRO SOFTWARE LLC (and not by MOPRO's licensors). MOPRO is located at 9138 East Encanto St. Mesa AZ, 85207 ; its phone number is (480) 766-3633. Current fees, as described in Paragraph 5, above, for using the Game may be obtained online at www.pecsplace.com , and such fees are subject to change at any time. If you are a Arizona resident, you may have this same information mailed to you by sending a letter to the foregoing address with your address and a request for this information.
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.
Copyright WWW.PECSPLACE.COM 2007- All Rights Reserved