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SECRETSOFWAR.NET and SOWGAME.NET
TERMS OF SERVICE

Definitions

"The Game" refers to Secrets of War, secretsofwar.net, the owners of the game and any Administrators.  "The Administrators" or "the owners" refer to Testie, Webjunkie, Frostmorne and JulesCaesar.

Acceptance

Secrets of War and Secretsofwar.net (hereinafter, will collectively be referred to as "the Game") are free services provided to accountholders under these Terms of Service.  By clicking "I Accept," you agree to be bound by these Terms of Service.  Furthermore, use of this website and the services provided require that you consent to these Terms of Service.  By playing the Game or otherwise accessing the Website, you agree to abide by any published rules or Terms of Service associated with the Game.

No Warranty

THE GAME EXPLICITLY DISCLAIM ANY AND ALL WARRANTIES, SUBJECT TO LIMITATIONS OF LAW, INCLUDING BUT NOT LIMITED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR REASONABLE CARE OR SKILL.  THE GAME EXPLICITLY DISCLAIMS ANY WARRANTY THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.  THE GAME WILL NOT BE RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR DATA LOSS IN CONNECTION WITH USE OF THE SERVICES PROVIDED.  THE GAME WILL ALSO NOT BE RESPONSIBLE FOR ANY ACTIONS OF THIRD PARTIES, REGARDLESS OF WHETHER SUCH ACTIONS ARE AUTHORIZED BY THE OWNERS OR ADMINISTRATORS OF THE GAME.

The Game, the Website, and the Owners (collectively or individually) will not be liable to accountholders in contract, statutory duty, tort or product liability.  Regardless of any cause of action, the Game will have maximum liability toward any player of USD 25, or any amount spent by the player within the previous three months, whichever is greater.  Under no circumstances will the Game or its Administration have any liability toward players who have breached the Terms of Service.

Any disclaimers of warranty contained in this section are subject to any applicable state, federal or international law.  The Game will also be liable to valid accountholders for any fraud on the part of the owners and/or Administrators.

We will make reasonable commercial efforts to ensure that this website is available 24 hours per day without any interruptions.  However, we reserve the right to make this website unavailable at any time or to restrict access to parts or all of this website without notice.

Refund Policy

THE GAME HAS NO REFUND POLICY.  ANY MONEY SENT TO THE GAME IN EXCHANGE FOR PREMIUM ACCOUNTS, RESOURCES, DIGGERS OR ANY OTHER BENEFIT IN THE GAME WILL BE ACCEPTED AS A DONATION IN SUPPORT OF A FREE GAME.  BY TAKING ADVANTAGE OF ANY SERVICE PROVIDED BY THE GAME, INCLUDING SIMPLY LOGGING IN, FOLLOWING DONATION OF ANY MONEY YOU AGREE THAT YOU HAVE ENJOYED FULL SATISFACTION FOR ANY MONEY PAID.  THE GAME WILL NOT REFUND ANY DONATIONS FROM PLAYERS UNLESS THE GAME IS LIABLE UNDER LAW FOR MONEY DONATED.

Individual Accounts

Registered players of the Game are provided ONE account protected by a password.  Any player establishing more than one account (also known as a "multi") without the express approval of the Administration of the Game will be considered in violation of these Terms of Service.  Similarly, any player accessing allowing any other person access to their account will be deemed in violation of Terms of Service.  Sharing your account or establishing a "multi" account will be grounds for an immediate ban from the game and the Game will not be responsible to any player for any money paid to the Game during any period preceding the ban.

It is the player's responsibility to maintain the confidentiality of his or her password and account.  Players are responsible for any and all actions taken using their accounts.  Your account belongs to the Game, not to you, and you may never loan, give away or sell your account under any circumstances.

The Administration

The Game has a hierarchy that you agree to respect.  You agree not to defame any owner, administrator or Moderator of the Game.  In addition, you agree to abide by any warning issued to you, whether formal or informal.

Rules of Conduct

The Game is targeted at players of all ages and is intended to be a "family-friendly" game.  You agree not to post any inappropriate material in any public area of the Game.

The public areas of SOW include, but are not limited to: the forums, chat, base greeting and factory greetings, and all clan areas, including the Clan Communicator, announcements and greeting.  You agree not to "flame," defined as making any comment derogatory in nature, any other player in any public area of SOW except the Flaming Forum.  Any flames posted in any forum except the Flaming Forum, or in chat, on base greetings or on factory greetings, will be grounds for issuance of warnings or immediate bannings from the game.  Issuance of warnings, forum bans, chat blocks or game bans will be at the sole discretion of the Game's Administrators or duly appointed Moderators, and will not be subject to dispute or discussion.

Even if flames or derogatory comments are posted in the Flaming Forum, particular forms of attack are strictly prohibited.  Comments related to personal matters outside the game environment will subject the posting player to warning or ban.  Such matters include, but are not limited to: any reference to criminal history or proclivity, any racist content whether directed at an individual player or any group, sexual orientation, physical appearance and/or deformity, mental retardation, or any other matter not directly related to a player's participation in the Game.  These topics are not exhaustive - the Administrators of the Game may impose any form of discipline they find appropriate.

Any reference to the use of drugs is strictly prohibited.  Terminology or slang that the Administration feels refers to the use of drugs may be edited, and players posting such language may be warned or banned in the Administrators' sole discretion.  Generally, situations where it appears that players have inadvertently used language that coincides with slang regarding drug use will merit investigation, but this will not be any requirement for the imposition of discipline.

Strongly sexual language is strictly prohibited.  By accepting these Terms of Service, you recognize that minor children play this game and that you agree not to post any material in any public area of the Game of an adult nature.

You agree that the definitions of language referring to drug use and sexual content are incapable of full catalog in the Terms of Service, but that the Terms of Service have put you on notice that the Administrators' sole discretion will be the final determinant of whether any communication is in violation of the spirit of these rules.

To prevent inappropriate material from being transmitted via the forums or chat, the Game employs a filter to block terms deemed unsuitable for all ages of listener.  You agree that you will not attempt to evade the function of the filter by misspelling unacceptable words, inserting punctuation or spaces into words, reformatting any unacceptable term, using numbers or characters to represent letters in profane or unacceptable words, or any other manner of expressing language that would otherwise be blocked by the Game filter.  You agree that any instance of any of the evasion methods described here will be interpreted presumptively as an attempt to evade the filter and will subject you to a warning, block or ban.

The Game is a private enterprise that will strive to remain in good standing with family-friendly websites and a variety of jurisdiction's acceptable use laws and/or regulations.  You agree that there is no basic "right to free speech" and that the Administration and/or appointed Moderators reserve the right to edit or delete any communication you post in any public area of the Game, including but not limited to: the forums, chat, base greetings and factory greetings.

You agree that you will not establish an account with a name designed to imitate an administrator or Moderator.  Names fewer than two characters different will be presumptively in imitation and such player names may be changed or banned.

Parental Guidance

The Administration and Moderators of the Game will do everything reasonably possible to keep the Game a family -friendly atmosphere, including appointing Moderators, editing communications in the public areas of the Game, modifying or deleting user names, using a filter to keep objectionable terms out of the public areas of the forums and chat, and any other reasonable actions necessary to prevent objectionable material being transmitted using the Game site or servers.  Nevertheless, you agree that if you are younger than the age of majority in your jurisdiction, you are accessing the Game with the permission and under supervision of your parents or legal guardians.

Messenger

The Game uses an in-game messenger.  You agree not to transmit harassing, insulting or intimidating material in any public area of the Game or through the messenger, or be subject to discipline in the sole discretion of the Administrators.  The in-game messenger does include a feature to block communications from other players of which players who are offended or otherwise bothered by communications.  The Administrators encourage players to take advantage of this function with regard to any other players with whom they do not get along.

You agree that you have no expectation of privacy when using any portion of the Game, including the in-game messenger.  The Administrators may, without notice or prior permission, review any communications between players to ensure compliance with Game rules or for any other reason.

You agree that you may not use the NAP system to send messages to players who have blocked you from sending messages through the in-game messenger.  The sole purpose of the NAP system is only to request non-aggression between players.  Players found to be communicating through NAP requests for any other purpose may be subject to discipline by the Administrators, in the Administrators’ sole discretion.

Administration and Crew

You agree to respect the Administrators and Moderators of the Game.  You agree not to challenge decisions made by any administrator or Moderator in any public area of the Game.  Violations of this agreement will be subject to discipline.

True Information

You agree to provide true, complete, and current information in the registration of your account, including all information requested on original sign-up.  Any untrue or incomplete information tendered at registration is grounds for the revocation of your account and the Game (and its Administrators) will have no liability toward you for such disciplinary action.

Specifically included in your agreement to provide true information is a requirement to provide a valid email address.  The Administration promises that we will not sell, trade, share or give away your email addresses.

Intellectual Property

Your account is not your own.  The owners and Administrators own all intellectual property in the Game, including but not limited to: accounts, trademarks, service marks, trade names, trade dress, logos, designs, graphics, copyrights, patents, and trade secrets together with all goodwill associated with the Game.  No use of any of these aspects of the Game's intellectual property without the express approval of the Administrators, whether for profit or not, is prohibited.  The Administrators of the Game claim the full protection of national and international copyright and trademark law, and will pursue any remedies under law to protect the intellectual property of the Game.

You agree that you have been granted a conditional license to participate in the Game and to take advantage of the services provided by the Administrators, but that you have no right to profit in any way outside the Game from any aspect of the Game's intellectual property.  Such actions include selling or trading your account, graphics, applications or any other item associated with the Game.  You agree that entering into any transaction involving any aspect of the Game's intellectual property places you in violation of the owners' copyright and trademark protection, and you agree to disgorge any financial gains to the owners of the Game.

The Administrators of the Game reserve the right to monitor any aspect of the Game or activities on the Game servers.  These actions will be undertaken where necessary with the goal of ensuring a fair and secure game for the entire community to enjoy.

Anything you submit to any administrator in writing or verbally becomes the property of the Game.  This includes ideas, applications, graphics, text or any scripts.  Furthermore, by submitting intellectual property or work product to the Game, you warrant that you are the sole owner of such submission unless you otherwise specificy, and that the Game may rely on your representation that you are not infringing anyone else's copyright or trademark.

Other Law and Policies

Players of the Game reside in a multitude of states and countries across the world.  Although the Game is governed by the laws of the Commonwealth of Virginia, United States of America, as a player and a citizen on the Internet, you are subject to any applicable laws regarding use of the Internet in your home jurisdiction.  The Administrators of the Game will not be responsible for your knowledge of the laws governing your use of the Internet or applicable use; any services provided by the Game are disclaimed where prohibited by law.  The Administrators of the Game also disclaim any liability for your actions toward third parties, regardless of whether the content of your communications or transmissions originate from or relate to the Game.

YOU AGREE NOT TO TRANSMIT ANY MATERIALS THAT VIOLATE ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW.

Most Internet service providers and other websites prohibit spam.  You agree not to spam any persons, website or accounts (including the Game website), whether for profit or not, with any material in any way related to the Game.  You agree not to use the Game website or server to send chain letters, junk mail, spam or distribution lists to any user who has not given permission to be included in such a process.  You agree not to spam the in-game messenger.

The Game includes a referral system by which players may gain resources by referring other players to the game.  Any player sending spam to any other website will subject that player to discipline, up to and including banning his or her account.

Outside Links

Links to websites external to the Game are prohibited in public areas of the Game.  You may obtain permission to post links in chat or the forums by messaging an administrator or an appropriate Moderator; links on base greetings or factory greetings are prohibited.  Approval for posting links to executable files will never be granted.  The Game's Administrators caution you not to follow links to executable files given to you by anyone you do not trust on the Internet.

You further agree not to use the Game site or server to advertise any other product or service, including other games.  You agree that using the Game site or server to send any form of spam puts the Game at risk and that advertising other games within the Game hurts the financial viability of the game.  Any violation of this Term of Service will subject you to discipline.

Cheating

There exist several programs that have been written to automatically play the Game for players (also known as "bots").  These bots are prohibited in the game.  You agree that a competitive environment, in which players compete on a fair plane, is critical to the success of the Game, and that the use of a bot is detrimental to this desired environment and detrimental to the financial interests of the Game and the owners.  You agree that the use of any program, macro or script that plays the game for you is strictly prohibited, and the use of any such mechanism will render your account subject to any disciplinary action deemed appropriate by the Administrators.  Such disciplinary action will be undertaken by the Administration of the game according to their good faith use of tools at their disposal, but any decisions will remain in their sole discretion.  Under no circumstances will the Game or the Administrators have any liability whatsoever toward any player whose account has been suspended or deleted, including refund of any money paid by that player.

From time to time, players may become aware of glitches or bugs in the Game.  You agree that taking advantage of bugs in the game for the advancement of your or any other player's interests is cheating and subject to discipline.  You agree to report any bugs in the game that you encounter, defined as anything that may not appear to be working properly.  We agree that if once you have reported a bug to the Administrators, you will have no further liability for the effect of that bug.  This Term of Service does not apply to creative use of the rules or mastery of the Secrets of War.

You agree that encouraging any other player to break or circumvent the Terms of Service, or instructing them how to do so, is cheating and will subject you to any form of discipline.

Changes to Game

From time to time, the Administrators may incorporate improvements to the Game.  These improvements may be in the nature of additional features, changes to rules or various statistics, removal of features not deemed popular or practical, alterations to the operation of the Game servers, or the like.  Although the Administration may solicit input from the community of players regarding some changes, and changes made to the game will remain in the sole discretion of the Administration.  You agree that the Administration of the Game may incorporate any changes to the game that they deem necessary, practical or desirable, including termination of the Game.  In the event of the termination of the Game, players will be refunded any money they have spent on the game within three months of the effective date of termination.

Enforcement

The Administrators of the Game will attempt to enforce these Terms of Service in a way that is calculated to keep the game fair, vibrant, fun and competitive.  Failure to enforce any Term of Service will not prejudice our right to enforce that rule in the future, either against the same player or another.  These Terms of Service are always available to deal with any situation in the Game, and the Administration is in no way bound by previous decisions or occurrences when dealing with individual situations.  We reserve the right to delete your account(s), block your access to our website and services, and/or take further legal action if you violate any of these Terms of Services.  We may delete or modify any account at any time and for any reason.

General

Nothing in these Terms of Service affects your statutory rights as a consumer.  Secretsofwar.net and sowgame.net are governed by the laws of the Commonwealth of Virginia and the United States of America.

Periodic Updates

You agree that the Administration of the Game may post rules in the forums or send them to your in-game messenger and that these updates will carry the same force as these Terms of Service.  The Administration may establish other points or methods of notification as to new rules in the Game and you agree that, as a player, you are bound by them.

These Terms of Service may be updated or amended from time to time, with or without notice to players.  Regardless of whether notice of a change to the Terms of Service is provided, use of the Website will continue to constitute acceptance of all terms thereof.
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Game Time
08-08-08 20:16:44