TERMS OF USE

By using the Neverwinter Consortium’s game, Web site or other services (“Services”)--including, without limitation, e-mail, chat rooms, message boards and other services--you agree to be bound by these Terms of Use. The Neverwinter Consortium (“Consortium” or “we”) reserves the right to revise these Terms of Use from time to time without prior notice and, by using the Services subsequent to any revision of the Terms of Use, you agree to be bound by such changes. If you find the Terms of Use to be unacceptable at any time, you must immediately terminate your use of the Consortium’s Services.

1. No Representations Or Warranties

The Services provided by the Consortium may include inaccuracies or errors and/or fail to function as the Consortium intends. We make no commitment to correct or update whatever is contained in these Services. We reserve the right, however, to modify, alter, discontinue or delete the Services without prior notice.

TO THE EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY. ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES FOR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED. YOU HEREBY WAIVE ALL SUCH WARRANTIES.

Users of the Consortium’s Services should not rely upon opinions expressed through them when making business, financial, personal or other decisions. Furthermore, we do not endorse the opinions of parties expressed through our Services or on linked Web sites.

2. User Conduct

We make our Services available contingent upon your agreement to abide by the terms and conditions contained in these Terms of Use. In consideration for our providing such Services, you also agree not to:

a. Violate any applicable law or regulation;
b. Threaten or harass any individual or entity;
c. Post or transmit any commercial, advertising or promotional materials, including without limitation "spam" or mass distributions;
d. Provide false information on any registration form or impersonate another person at any point;
e. Post or transmit false messages or information.
f. Post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property right.
g. Use any Neverwinter Consortium asset, including but not limited to game servers, web servers, message boards, or private message systems, for the purpose of enticing or recruiting players or staff to another game or game project.
h. Compile, distribute, or otherwise make use of personal information provided to the Neverwinter Consortium by its members without express written consent of the Neverwinter Consortium.

If you violate such terms, we may, without prior notice and without liability to you, ban you from any and all Services, terminate your membership, delete your messages or postings, and take any other action we deem appropriate in our sole discretion.

With reference to any Services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such Services, including without limitation: the maximum number of days that messages or postings will be retained; the maximum number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for an account; and all other matters related to administration of Services. You agree to be bound by such practices. YOU ALSO AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR DEACTIVATION OR DELETION OF ACCOUNTS OR FOR LOSS OF GAME ITEMS, GAME LEVELS, GAME CHARACTERS, E-MAIL, COMMUNICATIONS, POSTINGS, DATA OR INFORMATION AS A RESULT OF, OR ARISING OUT OF, OUR ADMINISTRATION OF SUCH SERVICES.

We assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in the game or in any e-mail, message board, chat room or community service--or in any other Services--and we do not endorse any advice or opinion contained there. We do not monitor or control communications by others, although we reserve the right to do so. We may take any action we deem appropriate, in our sole discretion, to maintain the quality of our Services and to protect ourselves and others.

3. Web Site Links

Our Web site and boards may contain links to other Web sites which are independent of our Web site. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked Web site, and any link to another Web site shall not in any manner be construed as an endorsement by us of that Web site, or of the products or services described there.

Furthermore, these links may lead to sites or links that contain offensive or objectionable content or which may contain dangerous computer viruses. You assume, and WE HEREBY DISCLAIM, ALL RESPONSIBILITY FOR ANY OF THE CONTENT ON THESE SITES OR FOR ANY DAMAGE SUSTAINED BY USERS OF THESE SITES.

4. Confidentiality

Your confidential use of our Services cannot be guaranteed by us. WE SHALL NOT BE RESPONSIBLE FOR ANY HARM THAT YOU OR ANY PERSON MAY SUFFER AS A RESULT OF A BREACH OF CONFIDENTIALITY IN RESPECT TO YOUR USE OF OUR SERVICES.

5. Security

You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us.

6. Limitation of Damages

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE–OR OUR MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS (TOGETHER, “CONSORTIUM AFFILIATES”)--BE LIABLE TO YOU OR TO ANY PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR RELATING TO ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR MADE AVAILABLE, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE.
THIS LIMITATION APPLIES EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR DATA.
IN NO EVENT WILL THE CONSORTIUM OR ANY CONSORTIUM AFFILIATES BE LIABLE FOR MORE THAN A TOTAL OF TEN DOLLARS IN DAMAGES.
YOU ACKNOWLEDGE THAT THESE TERMS AND CONDITIONS AND THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS.

7. Ownership

All right, title and interest (including all copyrights and other intellectual property rights) in our game (except for those held by BioWare and Atari) and our Web site belong to us unless otherwise specified. In addition, the names, images and other indicia identifying our products and Services are our proprietary marks. All other copyrights, trademarks and other intellectual property rights referred to belong to their respective owners. The names “Neverwinter Consortium” and “Neverwinter Nights: Resurrection” are trademarks of the Consortium.

8. License

Nothing contained in this Web site, our game or any of our other Services shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, to any of our intellectual property rights, or to any third party's intellectual property rights, and no part of this Web site, our Game or our other Services may be reproduced, republished, copied, transmitted, or distributed in any form or by any means without our prior written permission.

9. Claims of Copyright Infringement

We respect the intellectual property of others and may, in appropriate circumstances and at our discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this Web site or in any of our other Services infringes on any copyright which you own or control, or that any link on our Web site or boards directs you to another Web site that contains material that infringes on any copyright which you own or control, you may file with us a notification of such infringement and a request to have the material removed or otherwise blocked from access.

10. Indemnification

YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US AND THE CONSORTIUM AFFILIATES FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES PROVIDED, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHT OF ANY THIRD PARTY.

11. Governing Laws in Case of Dispute

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WISCONSIN, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THERE, EXCLUDING THAT STATE’S CONFLICTS OF LAWS RULES. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS FOR GREEN COUNTY, WISCONSIN, USA.

NOTWITHSTANDING THE FOREGOING, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE SHALL BE SETTLED EXCLUSIVELY BY ARBITRATION IN GREEN COUNTY, WISCONSIN IN ACCORDANCE WITH THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE PARTIES WILL HAVE THE SAME DISCOVERY RIGHTS AS IF THE DISPUTE WERE BEING ADJUDICATED BY THE APPROPRIATE WISCONSIN COURT.

12. International Use

We do not represent that all content used in our Services are appropriate or available for use in all geographic locations, especially some locations outside the United States, and you acknowledge that accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.

13. Waiver

No waiver of these Terms of Use will be effective unless made by a signed writing. No waiver will be a continuing waiver unless so stated in a signed writing.

14. Integration; Severability; General

These Terms of Use constitute the entire agreement with respect to your access to and use of our Services. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be deemed removed from these Terms of Use to the minimum extent required in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction. Any litigation arising out of or in connection with these Terms of Use or your use of our services must be commenced within one (1) year after the cause of action arose, or it will be permanently barred.

Rules of Conduct

The following rules are officially part of the NWC Terms of Use.

Definitions of terms: Threats and Harassment (section 2b)

The term "threat" refers to Out of Character actions, such as threatening to harm a player by real world actions. For example, if you tell a player that you are going to find out where they live and come after them, that is not only a threat, it is a criminal assault under US law, and you can be subject to criminal prosecution for doing it. If you use a wire service (such as the NWC servers) to communicate a threat to another person, this is a federal crime under US law. The use of any NWC service to commit a criminal act is expressly prohibited, and NWC will cooperate with all legal authorities in the prosecution of anyone who uses our services to commit a criminal act. The act of killing a player character in a PvP area does not constitute a threat or harassment in and of itself.

The term "harassment" refers to acts that are abusive toward the player (again, not the character). Examples of harassment include repeatedly tracking down and killing a particular character, or subjecting a player to a long stream of insults or other undesireable communications using the chat functions in the game. Again, please note that being killed in a PvP area is not considered a threat or harassment under the Terms of Use. Player versus player combat in PvP areas is a legitimate and intended part of the game, but deliberately abusing PvP for the purpose of depriving a player of their enjoyment of the game is considered harassment.

We have published specific rules regarding what is considered acceptable conduct in the game. These rules are considered to be part of the Terms of Use. We reserve the right to modify the Terms of Use at any time without prior notice. Here are some of the rules of conduct we have established in published statements:

1) The use of vulgar or obscene language, racial or ethnic slurs, or other forms of hate speech is expressly prohibited. Note that this rule applies to Out of Character speech and actions. Racial insults directed at fantasy races, such as dwarves or elves, are not considered a violation of the Terms of Use, because their use is a legitimate part of the roleplaying environment. The use of obscene terms to refer to the PLAYER or a member of the PLAYER'S FAMILY are not a legitimate part of the roleplaying environment and are therefore prohibited. The use of the term "rape" to describe any action taken against any player character is explicitly forbidden.

2) Killing a player character in a PvP area is not in and of itself a violation of the Terms of Use. However, there are several forms of PvP killing that are considered harassment under the Terms of Use. These have been published on this message board in the past. They include:

a) use of any game exploit to deliberately cause the death of a player character in a non-PvP zone. The deliberacy of the act will be determined by the NWC staff, not by the offending player. Note that if a player has been warned that a particular action is forbidden, any repetition of that action by the player that was warned will be considered deliberate by definition.

b) killing characters at the respawn point of a PvP zone.

c) tracking down and killing a player character that you have already killed, unless you are attacked by the previously killed player character subsequent to their demise (note: "I own that spot" is not a valid excuse for repeatedly killing a given player character).

We have set forth the following rules of thumb for determining when a PvP attack is considered harassment:

If you kill a character, and then go after them and kill them again, that is harassment. If you wait at the respawn point and kill characters when they respawn, that is harassment. If a character that was killed returns to the location of death and initiates combat, and gets killed again, that is not harassment. If a character that was killed repeatedly returns and assaults the character that caused their demise, that is harassment by the player of the victim...it works both ways.

3) The use of game exploits or bugs to circumvent the intended operation of the game is a violation of the NWC Terms of Use. The term "intended operation" is defined by the game staff, not by the players. Examples of game exploits include using summoned creatures (e.g., Balors) to attack player characters in non-PvP zones, using magic dispelling spells on characters in non-PvP zones without their consent, and attacking invulnerable plot-associated NPCs (shopkeepers, guards, etc.) for the purpose of leading them out of their home areas. Examples of exploitative bug use include logging out and back in for the purpose of recovering used spells and/or feats without resting, and using server portals for this same purpose.

4) Event interference: from time to time, members of the Neverwinter Consortium game staff may host events for players. It is a violation of these Terms of Use for any player to interefere with such events. Interference can include attacking event participants, using chat functions to disrupt communications during the event, engaging in combat with non-player characters or monsters spawned for the event, and pretending to be an event participant for the purpose of performing acts that interfere with staff or player participation in the event. Refusal to follow the instructions of a staff member with respect to an event in progress is a violation of these Terms of Use. Note that this does not mean that any player can be ordered by a staff member to take part in an event. Players are free to choose whether they will participate in an event.

5) Illegal PvP in non-PvP areas: the use of any game function to deliberately cause damage to another player in a non-PvP area is strictly prohibited. This includes the following actions:

a) Setting traps in non-PvP areas that do not spawn hostile creatures: Setting a trap in a non-PvP area that spawns hostile creatures is a legitimate use of traps, as it can be seen as being intended to damage the hostile creatures in the area. If an area does not spawn hostile creatures, setting a trap can only be construed as being directed at other player characters and is therefore considered a PvP tactic. The use of any form of PvP in a non-PvP area is forbidden. There are specific areas that are off limits for trap setting. These include, but are not limited to, any inn or shop in the game, and any location in the city of Neverwinter, the login module, or the Neverwinter Vault.

b) "Monster training": Deliberately leading hostile creatures to other player characters for the purpose of causing the hostile creatures to attack the other player characters is a PvP tactic and is therefore forbidden in all non-PvP areas. The sole exception is the use of "pulling", in which the character that leads the hostile creatures to other player characters is a member of the same party and is doing so by agreement with that party. Different parties may also agree to cooperate in this manner, in which case this tactic is not considered PvP and is therefore acceptable.

Again, these rules ARE part of the Terms of Use. Anyone who violates these rules may be banned from playing Neverwinter Nights: Resurrection.