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==Terms of Use== There is a Code of Conduct that you must follow when playing Utopia, which is designed to help keep the game as enjoyable as possible for all. This Code of Conduct applies to the main game experience, wiki, forums and any other associated websites. Violation of any of these rules may result in immediate termination of your Utopia account, and your accounts on any associated websites. Thank you for abiding by these rules. If another user is violating these rules, please let us know immediately at utopiasupport@utopia-game.com. '''PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES'''. These are the Terms and Conditions (this “Agreement”) governing your use of utopia-game.com (the “Site”), an Internet website owned and operated by MUGA Gaming, LLC (“we,” “us,” “our,” or the “Company”). Your use of the Site, including the use of the games, services and features provided on the Site (the “Service”), shall be deemed to be your agreement to abide by this Agreement and any materials available on the Site incorporated by reference herein, including but not limited to our privacy policy. We and the Site may offer multiple products and services, and this Agreement governs all products and services offered by us. This Site is offered and made available only to users thirteen (13) years of age or older. If you are not yet 13 years of age, please discontinue using the Site immediately. If you are found to be underage, your account may be terminated without notice. 1. Privacy & Security; Disclosure Our privacy policy may be viewed online on the Site at utopia-game.com/privacy. We reserve the right to modify our privacy policy from time to time. The Service may include certain communications from us, including service announcements and administrative messages, and these communications are part of the Service and you will not be able to opt out of receiving them. Nothing contained in this Agreement will limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or Service, which may include disclosing your identity and information provided by you to the applicable authorities. 2. License Grant & Restrictions We hereby grant you a limited, non-exclusive, non-transferable right to access, view and use the Site for the purposes of accessing, viewing or playing content, posting or submitting user material, placing store orders or for accessing information. We reserve the right to deny or suspend, on our sole discretion, your access to the Site or any portion thereof. This right is a license which is personal and may only be used for personal, non-commercial uses. We reserve all rights not expressly granted to you. You agree not to (i) reproduce, transmit, sell or otherwise exploit the Site or the Service for any commercial purpose, (ii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site or Service in any way; (iii) make derivative works based upon the Site or Service; (iv) embed the Service as a frame from within another application; or (v) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using ideas, features, functions or graphics that are similar to those related to the Service, or (c) copy any ideas, features, functions or graphics of the Service. 3. Registration and Passwords You may be required to have a unique user name and/or password in order to use and access the Site and Service, or portions thereof. You are responsible for maintaining the confidentiality of your usernames, passwords and accounts. Usernames and passwords may not be shared by more than one individual, and may not be transferred from one individual to another. We are not responsible for any harm causes or related to the theft or misappropriation of your user name or password. You shall be responsible for all actions taken via your username and password, whether or not made with your knowledge or authority. 4. Your Responsibilities You are responsible for all activity occurring under your user accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify the Company immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) not provide false identity information to gain access to the Site or to use the Service; (iii) not use the Site or Service to defame, abuse, harass, threaten or otherwise violate the legal right of others; (iv) not publish, post, upload, email, distribute or disseminate any defamatory, misleading, infringing or unlawful content; and (v) not collect, store or transmit personal information about individuals or any information that is subject to applicable privacy laws or regulations. 5. Intellectual Property The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights (as defined below), in and to the Site and the Service, including without limitation all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including with limitation the selection, sequence and “look and feel” of the Site and the Service, and all trademarks, service marks and tradenames are the property of the Company. The Site may include trademarks, service marks or logos of third parties, all of which are the property of their respective owners. "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world. For any materials you provide to us (including feedback and submissions) or post, upload, input or submit to the Site or the Service for review by the general public, or by the members of any public or private community (each a “Submission” and collectively “Submissions”), you grant us and our affiliates and assignees permission to use your Submission in connection with the operation of their businesses, including without limitation the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and the right to sublicense such rights to any supplier. No compensation will be paid with respect to the use of Submissions and we are under no obligation to post or use any Submissions. By posting or providing a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission, including without limitation the right to post or submit such Submission. In addition, by providing or submitting a Submission that contains images, photographs or pictures (“Images”), you warrant and represent that (a) you are the copyright owner of such Image, or that the copyright owner of such Image has granted you the right to use such Image consistent with the manner and purpose of your use and as otherwise permitted by this Agreement, (b) you have the rights necessary to grant the rights described in this paragraph, (c) and that any person depicted in such Images has consented to the use of such Images as set forth in this Agreement. By posting or providing Images, you grant us and other users the right to use your Images in connection with the Service. 6. Third Party Interactions During use of the Service, you may enter into correspondence with, or purchase or sign up to receive goods and/or services from, a third party, or you may participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third party. We and our licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party, including any termination by such third party of their provision of goods or services to you. We do not endorse any sites on the Internet that are linked through the Site or Service and do not endorse any third party goods or services that are made available to you as a result of your use of the Site or Service. We provide these links to you only as a matter of convenience, and in no event shall we or our licensors be responsible for any content, products, or other materials on or available from such sites. 7. Rules of Conduct Your use of the Site and the Service is subject to all applicable laws. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site or the Service, or knowingly condone use of this Site or the Service by others, in any manner that is, attempts to, or is likely to: • be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may appear to impersonate anyone else; • affect us adversely or reflect negatively on us, the Site, our goodwill, our employees or moderators, our name or reputation, or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site; • send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called "spamming" and "phishing", or encourage other users to copy a message; • be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages; • transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information, or link to any web site which promotes or teaches these actions; • create a false identity for the purpose of misleading others (including the creation of alternate accounts) or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason; • disrupt the normal flow of online communities or forums with an excessive number of messages (i.e. flooding attack) or that otherwise negatively affects other users' ability to participate in such communities or forums; • contact anyone who has asked not to be contacted; • "stalk" or otherwise harass anyone; • violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement; • modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or • collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so. 8. Disclaimer of Warranties THE COMPANY AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE SITE OR ANY CONTENT. THE COMPANY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE OR SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, LEADS OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SITE OR THE SERVER(S) THAT MAKE THE SITE OR SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE AND SITE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY US AND OUR LICENSORS. 9. Indemnification You shall indemnify and hold us and our licensors and our respective parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of your Submissions infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; (iii) a claim arising from the breach by you of this Agreement; or (iv) any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you. 10. Internet Delays THE SITE AND SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. 11. Limitation of Liability YOU UNDERSTAND THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, THE COMPANY AND ANY OF OUR PARENT ORGANIZATIONS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, WHETHER DIRECT OR INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE OR THE SITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 12. Assumption of Risks and Mature Content YOU ASSUME ALL RISKS THAT THE SITE, SERVICE, CONTENT AND USER SUBMISSIONS AND MATERIALS ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS OR PUBLIC FORUMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDED ON THE SITE. 13. Notice We may give notice by means of a general notice on the Service, electronic mail to any e-mail address on record in our account information for you, or by written communication sent by first class mail or pre-paid post to your address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us at any time by any of the following: letter to the Company delivered by nationally recognized overnight delivery service or first class postage prepaid mail to the Company, in either case, addressed to the attention of: President. 14. Modification to Terms We reserve the right to modify the terms and conditions of this Agreement or our policies relating to the Service at any time, effective upon posting of an updated version of this Agreement or updated policies on the Site. You are responsible for regularly reviewing this Agreement. Continued use of the Service or the Site after any such changes shall constitute your consent to such changes. 15. Assignment This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by us. 16. General The Site is controlled by the Company from its offices in Massachusetts, United States of America. We make no representations or warranties that the Site or Service or related information offered by us are appropriate in other locations. Those who choose to access the Site from other locations are responsible for compliance with local laws, to the extent locals laws are applicable. This Agreement shall be governed by Massachusetts law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Boston, MA. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or use of the Service. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Questions or Additional Information If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to David@MUGAGamingLLC.com This Terms of Service was last modified on August 10, 2017. ===Account Suspension/Deletion=== Your account may be suspended, modified or deleted at any time for any reason, with or without notice to you. In the event of suspension, modification or deletion of your account, you will not be entitled to a refund of any prior amounts that have been paid by you to purchase credits for your account. For purposes of explanation and not limitation, most account suspensions/deletions are the result of violations of the Code of Conduct. ===Inactive Account=== If, upon logging in to your account, you receive a message stating that your account is "Inactive" it is possible that your account was rendered inactive due to a violation of the games rules. If you believe you did not break these rules here is what you can do. Please be aware, and I'm looking at you monarchs here, we cannot discuss another players account. This means if you email us asking why a kingdom mate was deleted we will not be able to tell you. We will release details only to the account owner. Now that is out of the way here are the steps you can take. Send a '''POLITE''' email to utopiasupport@utopia-game.com from the email associated with your master account. Include your username or your Support ID. Explain why you think you might have been deleted, the more detail you provide the better. If it is found that you were deleted in error your account will be restored, along with your province. Be aware though that ignorance of the rules is not an excuse we can accept, nor are we able to contact people via mail before we take action - it is simply not feasible. These actions are taken for the good of the game. While we understand you may be angry we will not put up with swearing, insults, threats and the like so, for your own sake, please keep the language civil. Finally, if you do not get your account reinstated that does not mean you are banned forever from the game (not unless its an IP ban, which is rare unless you use a proxy). You are free to make a new account but you should probably email us to confirm it wont be deleted automatically.
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