Server Hosting Agreement

This is a legal agreement between you and Alderon Games Pty Ltd (“Alderon Games” or “We”). Please review this Server Hosting Agreement (“Agreement”) carefully before installing, accessing or utilizing Alderon Games Server Software. The Server Hosting Agreement applies to the use of all services provided by Alderon Games, including video games (“Games”) developed and/or published by Alderon Games, other game-related services, and any other services Alderon Games has attached this Agreement to (“Services”).

Alderon Games encourages its users to host and manage their own community servers (“Server Hosting”,“Server”) of Alderon Games’s software and video games. Alderon Games offers game server software which allows you to install and host your community servers which will appear on the in-game community server browser (“Server Software”).

“User Generated Content” (UGC) refers to any communications, images, sounds, and all the material, data, and information that you upload or transmit to the Services. Alderon Games provides the opportunity for you to provide UGC through the Service. “Mods” refers to variations, modifications, derivations, adaptations, copies or improvements to the game as provided through the Alderon Games Mod downloading Services.

By hosting your own Server or joining a hosted Server, you agree to our Server Hosting Agreement.

Laws in your respective jurisdiction may require that you are of a certain age in order to enter into legally binding arrangements such as the terms of this Agreement. In the event that you are under the required age, you may not host a Server or download Server Software unless your parent or legal guardian has reviewed and agreed to these terms. The license we provide to you to use the Server Software may be revoked if you breach the Server Hosting Agreement.

1. License

Upon agreeing to and complying with this Agreement, Alderon Games grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Services and Server Software for personal, non-commercial Server Hosting purposes of Alderon Games’s Games.

This license applies solely to the the Services and Server Software, and does not apply to hardware which hosts the Server Software.

a. License Limitations

Your use of the Services and Server Software is tied to your compliance with these Terms. Any use of the Services or Server Software that violates these Terms is prohibited and can result in the revocation of your license and may subject you to liability towards Alderon Games or liability for violations of law. You acknowledge and agree that you are solely responsible for your actions made in the Services or while using the Server Software.

By hosting your own Server or using the Server Software, you agree

• You are solely responsible for your Server, Server hardware, and Server Software;
• Information displayed about your Server must not be tampered in any way to misrepresent your Server including (but not limited to) how many players are connected to the Server, what map is being hosted, what game mode is being hosted, or any other information displayed on the Server Selection screen in-Game;
• Your Server must not display entries on the in-Game Server Selection screen that are duplicates, mirrors, or are artificially misrepresenting the number of instances of your Servers that are online;
• Your Server does not impersonate, masquerade as, or imply it is an official Server, or state or imply it is officially endorsed, sponsored, or supported by Alderon Games;
• Your Server does not impersonate, masquerade as, or imply it is another community server without express permission by the original server owner;
• Your Server administrators, moderators, staff, owners, or any users with authority will not impersonate or claim to be or talk on behalf of Alderon Games developers, contractors, or employees, or claim to be associated with Alderon Games in any way;
• Your Server must not slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person, community, or other community Server;
• Your Server does not contain viruses, adware, spyware, worms, or other malicious data;
• Your Server must not perform denial of service attacks on Alderon Games or any other community Servers, dox players, interrupt network routing or re-routing, harm users devices, prevent users from playing the game, or cause any other form of disruptions of Alderon Games Services or other community Servers;
• Your Server must follow Australian laws and the local laws of the country/jurisdiction it is hosted in;
• You must not harvest, collect, extract, or use user data in any illegal manner;
• Your Server must not modify any server executables, DLLs, or any other files within the Server Software;
• Your Server must conform to our Acceptable Use Policy (as defined in Section 2 below);
• You may not restrict base game content, Mod content, UGC access, or make elements of your Server restricted to specific users based on purchasing access to these features, including direct real-world currency purchases or by paying with virtual currency purchased with real-world currency;
• You must not perform in-game or game altering actions in exchange for direct real-world currency purchases or by paying with virtual currency purchased with real-world currency, including (but not limited to) changes to characters, character data, or account data, in-Game currency, creature growth upgrades, changes to eggs and nesting, teleporting, creature unlocks, access to exclusive areas of the map, or unlocking skins;
• You must not sell for real-world currency any form of enhancement, bonus, multiplier, or increased rate of virtual currency gain for earning an otherwise freely earned virtual currency that can be redeemed for in-game bonuses or game altering actions.
• You grant Alderon Games a perpetual, irrevocable, transferable, worldwide, non-exclusive, royalty-free right and license to host, store, transfer, publicly display, market, and advertise any Servers or communities you host, in whole or in part, including modifications, in any media or formats and through any media, items or channels, including for publicity and marketing purposes.

b. Disclaimer

Alderon Games is under no obligation to edit or maintain your Server that you host, and is not responsible or liable for any community Servers. Alderon Games may, at any time and without notice, screen, remove, block, or edit any Server that in our sole discretion violates the Terms of Service or Server Hosting Agreement.

Alderon Games reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, blacklist, disable access to, or otherwise make unavailable any Servers without notice for any reason or for no reason at any time. If at any time Alderon Games chooses, in its sole discretion, to monitor the Services, Alderon Games nonetheless assumes no responsibility for Servers and assumes no obligation to modify or remove any inappropriate Servers.

2. Acceptable Use

a. Restricting Game Content

By hosting your own Server, you are optionally permitted to disable or alter base game content or add new content via Mods or UGC so long as these alterations apply to all players on the Server, including donators or other VIP users. These alterations can include (but are not limited to) disabling creatures, disabling chat emotes, modifying creature stats, modifying creature growth speeds, modifying quest rewards, and altering maps.

b. Exclusive Features

By hosting your own Server, you are optionally permitted to offer certain exclusive features and items as long as they are rewarded via events, donations, gifts, or other community involvement. You must not require users to make a purchase to access these features, including direct real-world currency purchases or by paying with virtual currency purchased with real-world currency.

You are optionally permitted to offer the following:

• Restrictions on who can join your server via user whitelisting, server passwords, or reserved slots;
• Exclusive in-game titles, text colours, statuses, roles, chat emotes, or chat avatars.

No other exclusive features may be offered if they do not fall under these above categories, including (but not limited) to skins, creatures, maps, or other game content. Alderon Games assumes no responsibility for any community-owned Game Servers, including (but not limited to) distributions of community-based rewards, Server availability, or Server owner or staff behaviours.

3. Termination

ALDERON GAMES MAY LIMIT, SUSPEND, MODIFY, OR TERMINATE YOUR SERVER IF YOU, OR ALDERON GAMES SUSPECTS YOU, FAIL TO COMPLY WITH ANY OF THESE TERMS, WITH OR WITHOUT NOTICE TO YOU.

Alderon Games reserves the right to stop offering and/or supporting the Services or Server Software or a particular Game or part of the Services at any time, at which point your license to use the Services, Server Software, Server, or a part thereof will be automatically terminated.

4. LIABILITY

a. AS IS

WE PROVIDE THE SERVICE AND SERVER SOFTWARE ON AN “AS IS” BASIS AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AFFILIATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE AFFILIATED PARTIES DO NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

b. Responsibility for Servers

Alderon Games assumes no responsibility for the conduct of any users hosting community Servers, and assumes no responsibility for monitoring the Services for inappropriate content or conduct within community Servers. Alderon Games cannot pre-screen or monitor all community Servers. Your use of the Services is at your own risk. By using the Services, you may be exposed to community Servers that are offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any community Servers available in connection with the Services.

5. Contact Information

The Services are offered by Alderon Games Pty Ltd located at 53 Victoria Street, Bakery Hill, Victoria, Australia. You can contact us through our help site https://support.alderongames.com/hc/en-us.