Teaser - The Forgotten Presents II

The latest news, updates and information on the ongoing development of Phobos.
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Rob
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January 06, 2013, 11:47:41 PM

[Other present teasers in this series: I, II, ...]

Image The Forgotten Presents II Image

You put down at the first present, confused. What a strange present to give somebody, you think. But looking back at the remaining presents, you feel sure that there must be something a bit more interesting in there somewhere.

Still puzzled, you reach for the next present, unwrap it and pull out a long, and exquisitely boring-looking document from the box.
LICENSE GRANT. Myth Entertainment hereby grants you, the ‘user’, a non-exclusive license to this service for your personal use in accordance with the terms of this agreement.

*******************************************************************
Phobos (©)
Myth Entertainment
Copyright © 2012
All rights reserved.
*******************************************************************

Use of Phobos software and materials are subject to the licence presented below. "Software and materials" includes the Phobos client/server software, any associated media, any official online and/or electronic documentation, in addition to any copies, adaptations and/or derivative works of such software and materials. This license confers no title or ownership for such software and materials.

By creating an account, downloading, installing or using Phobos software and materials, you are accepting these terms and conditions as offered by Myth Entertainment. In doing so you state that you are either of full legal consenting age in your respective location, or that you have express permission from a parent and/or legal guardian to play this game.

NOTE: The section headings used herein are for reference only and should not be mistaken to have any legal effect.

1. LOCATION OF FULFILMENT AND VENUE. Any actions related to and/or arising from this licensing agreement are to be governed by Dutch law.

2. COPYRIGHT. All software and materials are copyright protected. You agree not to decompile, disassemble, decrypt, derive source code, modify, or otherwise reverse engineer any Myth Entertainment software or materials, in whole or in part.

3. DISCLAIMER OF WARRANTY. Without limitation, Myth Entertainment expressly disclaims all warranties and conditions, whether expressed or implied. All software and materials are released on an "as is" basis, without warranties as to their continuous, secure operation, nor to their non-errorous and fault-free performance. Hence Myth Entertainment reserves the right to temporarily or permanently shut down or modify any service provided by the software and materials at any time. The user assumes the entire risk of using any software or materials by accepting this agreement.

4. LIMITATION OF LIABILITY. Without limitation, Myth Entertainment cannot be considered or held liable for any loss or damages occurring as a result of or in connection with the provided software and materials. Such "loss or damages” include, without limitation: loss of profits, data, accounts, characters, player information, statistics, items/inventories, and any special, incidental or consequential damages to property, computers, services or systems, or any other faults or damages whatsoever relating to the use of Phobos software and materials. All users are responsible for the security of any accounts and email addresses they hold and computer systems they use. Myth Entertainment disclaims all responsibility for any loss or damages caused by the compromisation of these items.

5. RULES. It is strongly recommended that you familiarise yourself with the Phobos rules of conduct. It is your responsibility to know, understand and abide by the Phobos rules of conduct at all times. Users breaking the Phobos rules make void their right to use any services provided by Myth Entertainment. Myth Entertainment reserves the right to temporarily or permanently suspend any Phobos game services, by means of account ban, deletion, and/or other modification if a Myth Entertainment representative believes a player has violated one or more of the Phobos rules.

These rules may be viewed on the official website at http://www.phobosonline.com. Myth Entertainment reserves the right to alter these rules at any time. Although announcements will be provided to players when alterations are made to the Phobos rules, users are required to review these rules on the official site on a regular basis to ensure they remain informed of any such changes.

6. REVISIONS. Myth Entertainment reserves the right, at its sole and absolute discretion, to partially or completely modify this agreement at any time with or without warning. As with the rules, all users are required to review this licensing agreement frequently to keep themselves informed of any changes. Users who object to the agreement following a revision should discontinue the use of any software and materials immediately. Any continued use of the software and materials following a revision will without limitation constitute your complete and unreserved acceptance of any and all such changes to the agreement.

7. OTHER RESTRICTIONS. You are not permitted to export, download, or use Myth Entertainment software and materials in any country, state, or jurisdiction that restricts their use.

8. EXCEPTIONS. If any aspect of this agreement is considered to be unlawful, invalid, or otherwise unenforceable, then that provision and that provision alone may be considered exempt from this agreement.

***************** END OF AGREEMENT******************

Any concerns regarding these terms and conditions should be directed towards the appropriate board on the official forums at http://www.forum.phobosonline.com.
You impatiently scan down the boring document, now quite angry. This is hardly a present! This must be somebody's idea of a joke!


Yours,
Image
Deathwish
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January 07, 2013, 01:22:57 AM

Nice TOS you have there.
jhonnyot
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January 07, 2013, 03:45:40 AM

This is, for sure, the only TOS I've ever read all the way to the end. By the way, under number 4 LIMITATION AND LIABILITY, on the 7th line, after use and before Myth, should be a period and not a comma, right?
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Rob
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January 07, 2013, 04:30:34 AM

jhonnyot wrote:This is, for sure, the only TOS I've ever read all the way to the end. By the way, under number 4 LIMITATION AND LIABILITY, on the 7th line, after use and before Myth, should be a period and not a comma, right?
Correct! Updated! Thanks! :)
Salih
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January 07, 2013, 10:19:56 AM

The only thing which crossed my mind when I saw the content of both presents was: Meh.
Not being a hater, I just wish the "presents" were more thrilling and interesting.
Keep up the good work tho :D
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Ricardo
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January 07, 2013, 11:36:04 AM

What would be the appropriate board to discuss this agreement?
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Thor
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January 07, 2013, 12:02:52 PM

You could start here.
Bacjusz
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January 07, 2013, 02:01:50 PM

Quite the lecture I must say. I'll be watching You. Regards,
Bacjusz Merryeye (A future governor of "Starzy Wyjadacze" Phobos association)
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Ricardo
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January 07, 2013, 03:13:24 PM

Torbjørn wrote:You could start here.
Well... before I say anything about the terms it must be clear I'm not an specialist in law, specially not Dutch law.

This said, I think the terms presented in this thread are pertinent and cover the legal situations that can happen in the interaction between players and Myth Entertainment.
havy
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January 07, 2013, 03:39:17 PM

bored presents.
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Yarael
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January 07, 2013, 04:15:37 PM

Hello,
what if your software hides withing something like virus/trojan/malware/or spyware. Are you responsible for it? (Just thought of it cuz you did not point it out.)

Regards.
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Ricardo
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January 07, 2013, 05:08:45 PM

Yarael wrote:Hello,
what if your software hides withing something like virus/trojan/malware/or spyware. Are you responsible for it? (Just thought of it cuz you did not point it out.)

Regards.
You have a point there.
Sir Vitor
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January 07, 2013, 05:24:15 PM

I only got the point of these teasers now. It is a perfect way to actually make the future players read the rules and even the TOS (something no one ever reads). So ye, nice play. The only bad part is that people get disappointed, so you must of give a better gift next time :D
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Rob
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January 07, 2013, 07:37:25 PM

Yarael wrote:Hello,
what if your software hides withing something like virus/trojan/malware/or spyware. Are you responsible for it? (Just thought of it cuz you did not point it out.)

Regards.
Hi Yarael, thanks for your post. Although viruses aren't specifically mentioned, this is actually covered by the line: "The user assumes the entire risk of using any software or materials by accepting this agreement." However, I have tweaked the "4. LIMITATION OF LIABILITY" section slightly regarding damages.

Keep in mind of course, that regardless of what a TOS says, we can't break the law.
Felipee
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January 08, 2013, 03:01:16 AM

The next teaser of the 'Forgotten Presents' series could be the announcement of an upcoming test server, how about this? :twisted:
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