New
Game World, Inc.. ("NGW",
"Savage Eden", or
"Service") consists of the
online computing, information services,
products and other content provided by NGW
and subject to the terms and conditions of
this member agreement
("Agreement"). In addition,
third parties provide services and context
which may be accessed over the Service and
are bound by this Agreement. This
Agreement constitutes the entire agreement
between you as an authorized user of NGW.
By using NGW, you confirm your acceptance
of, and agree to be bound by, this
agreement.
As an NGW account holder, you are
purchasing a license on a per-minute or
other limited time period basis, to access
NGW services and play NGW's on-line games.
Such use of NGW software and that of its
content providers does not vest the user
with any proprietary right to continued
play or in accumulated character
attributes. This license is on an at-will
basis, and may be terminated by NGW at its
sole discretion for violations of the
terms of continued access, including its
prohibition against trading, buying or
selling accumulated character attributes
or coinage for any form of real-life
compensation (i.e., things of value
outside the context of the game), and the
posting of messages designed to induce
others to engage in such transactions.
These terms are in place so that the
fantasy aspect of our games remain
unsoiled by the real world. Please help us
preserve the fantasy by adhering to this
policy, and by informing NGW of account
holders who break, or attempt to break,
these rules. Thank you. Account
holders are responsible for their own user names
and passwords and shall not share them
with any other person for any reason other
than NGW personnel. Account holders who allow others to
play their account, or otherwise allow the
use of their account for any reason, or
who fail to take all necessary actions to
secure their user names and passwords such
that they cannot be detected or stolen
from their PCs, do so at their sole risk
and responsibility and accept any and all
risk of loss of account privileges, usage
of paid time or access, game characters,
currency, items, weapons and all other
account and/or character attributes, such
loss is not the responsibility of NGW and NGW
is under no obligation to refund
account payments, and/or return stolen
characters, attributes, items and the
like, of any kind...NO EXCEPTIONS...!
You ("Subscriber") represent and
warrant that you are at least 18 years of
age and that you possess the legal right
and ability to enter into this agreement.
You agree to pay all charges incurred by
your account in accordance with the
current rate schedule then in effect. This
shall include any purchases made through
the Service. Subscriber shall pay all
applicable taxes relating to use of the
Service. Subscriber shall be responsible
for all use of the Service accessed
through Subscriber's password. Subscriber
shall maintain the security of your
Subscriber identification, password and
other confidential information relating to
your NGW account.
Either you or NGW may terminate your NGW membership at any time, with or without
cause, upon notice. NGW also reserves the
right to terminate or suspend your NGW membership without prior notice, but
NGW will confirm such termination or
suspension by subsequent notice. Upon
notice published over the Service, NGW may
modify this agreement, prices, and may
discontinue or revise any and all other
aspects of the Service at its sole
discretion and without prior notice. You
are responsible for reviewing information
posted by NGW that deals with pricing and
services. Continued use of NGW or
non-termination of your membership after
changes are posted constitutes your
acceptance of the modifications.
Payment of your NGW account balance is due
monthly and must be made by the credit
card or debit card designated by you for NGW
use or by means of pre-payment by money
order or check mailed to:
Savage Eden - Account Services
E I Communications Corp.
501 East Front Street, Suite 503
Butte, MT 59701
USA
Each time you use NGW you agree and
reaffirm that NGW is authorized to charge
your designated card. You agree that NGW may, at its option, either accumulate
charges until the end of the billing cycle
or submit one or more aggregate charges
during the billing cycle.
You must promptly notify NGW of changes
to; a) the account number or expiration
date of your designated card or b) your
billing address. You must notify NGW if
your card is canceled or if you become
aware of a potential breach of security,
such as the unauthorized disclosure or use
of your account number and password.
YOU
RELEASE NGW FROM ALL LIABILITY AND CLAIM
OF LOSS RESULTING FROM ANY ERROR OR
DISCREPANCY THAT IS NOT REPORTED TO NGW WITHIN SEVENTY-FIVE (75) DAYS OF ITS
PUBLICATION DATE.
NGW may, at its sole discretion and
without notice to the member, (a) suspend
the Subscriber's and its designated users'
access to and use of the Service, or (b)
terminate this agreement and Subscriber's
and its designated users' access to and
the use of the Service without notice upon
rejection of any card charges or if your
card issuer (or its agent or affiliate)
seeks return of payments previously made
to NGW when NGW believes you are liable
for the charge. If any payment due
hereunder is not made by the member within
thirty (30) days after the billing date,
late charges of one and one-half percent
(1 1/2%) per month shall be due and
payable with respect to such payment or,
if such rate is in excess of the allowable
rate, the maximum rate allowed by law .
Any charges incurred in the collection of
delinquent accounts shall be passed onto
the subscriber. This includes a fee (in
addition to the subscription amount) of
$15 per chargeback that was incurred on
the account.
You are responsible for your
communications via NGW. You may not, under
any circumstances, do any of the
following: (a) publish, post, distribute
or disseminate defamatory, infringing,
obscene or other unlawful material or
information via NGW; (b) use NGW to
threaten, harass, stalk, abuse, or
otherwise violate the legal rights
(including rights of privacy and
publicity) of others; (c) intercept or
attempt to intercept Email; (d) upload
files that contain software or other
material protected by intellectual
property laws (or by rights of privacy or
publicity) unless you own or control the
rights thereto or have received all
necessary consents; (e) upload files that
contain a virus or corrupted data; (f)
delete any author attributions, legal
notices or proprietary designations or
labels in a file that you upload to a
forum; (g) falsify the source or origin of
software or other material contained in a
file that you upload to a forum; (h) use NGW
in a manner that adversely affects the
availability of its resources to other
Subscribers; (i) send Email to Subscribers
for any purpose other than personal
communication, including to advertise or
offer to sell goods or services to other
Subscribers ; (j) download a file that you
know (or reasonably should know) cannot be
legally distributed via NGW (a file may
have been uploaded notwithstanding such
illegality); or (k) act, or fail to act,
in your use of NGW, in a manner that is
contrary to applicable law or regulation.
Your failure to observe any of the
foregoing limitations may result in civil
or criminal liability, as well as
termination of your membership.
Subscribers are expressly prohibited from
engaging in any activity that constitutes,
in the sole opinion of NGW, system abuse.
System abuse shall include, but is not
limited to, attempts to circumvent
subscriber authentication or security of
any host, network, or account
("cracking"); attempts to
interfere with or deny service to any
subscriber or any host; furnishing false
data on the signup form or via on-line
application, including fraudulent use of
credit card numbers; and any commercial
use of NGW accounts or services without
the express written permission of NGW.
NGW games are restricted to human
participation only. The use of machines,
computers, software, scripts or other
automated system to increase the ability
to play the games are strictly prohibited.
Players are also restricted from playing
the NGW games with more than one type,
version or copy of a browsing software
application at any one time. Players are
also restricted from using multiple
accounts to in any way increase their odds
of winning. Any violation of this rule
will result in the registered players'
immediate, total and permanent
disqualification from this and any future
games or other games or promotion
available on NGW sites. The company can,
in its sole discretion, determine that a
registered player has violated any of the
rules or regulations and shall have no
obligation to award any prizes won by the
registered player. All decisions by the
company are final and non-appealable.
Subscribers expressly agree to use all of NGW's
services only for lawful purposes.
Transmission or storage of any
information, data or material in violation
of United States or state regulation or
law or by the common law is prohibited,
including but not limited to, material
protected by copyright, trademark, trade
secret, or any other statute.
Subscriber's right to access the Service
cannot be assigned, transferred or
sublicensed.
NGW does not endorse or stand behind the
accuracy, truthfulness or reliability of
any information (including statements of
opinion or advice) provided on or by means
of NGW, other than information provided by
authorized NGW spokespersons. Statements
made in forums, conferences and chats
reflect only the views of their authors.
Neither forum managers nor NGW developers
are authorized NGW spokespersons, and
their views do not necessarily reflect
those of NGW.
SUBSCRIBER AGREES THAT SERVICE IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. NEITHER NGW, IT'S
EMPLOYEES, LICENSERS, INFORMATION
PROVIDERS, SUBCONTRACTORS OR AGENTS
WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE. NEITHER NGW,
IT'S EMPLOYEES, LICENSERS, INFORMATION
PROVIDERS, SUBCONTRACTORS OR AGENTS WILL
BE LIABLE TO THE SUBSCRIBER FOR ANY
DAMAGES, INCLUDING LOST PROFITS OR LOST
SAVINGS OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES, ARISING OUT OF
ACCESS TO, OR INABILITY TO GAIN ACCESS TO,
THE SERVICE.
YOUR USE OF NGW AND ALL NGW SOFTWARE AND
SERVICES IS AT YOUR OWN RISK. YOU ASSUME
FULL RESPONSIBILITY AND RISK OF LOSS
RESULTING FROM YOUR DOWNLOADING AND/OR USE
OF FILES OR OTHER MATERIAL (INCLUDING NGW SOFTWARE) OBTAINED THROUGH
NGW. YOU AGREE
THAT NGW AND PROVIDERS OF
TELECOMMUNICATIONS AND NETWORK SERVICES
FOR NGW WILL NOT BE LIABLE FOR DAMAGES
(INCLUDING CONSEQUENTIAL OR SPECIAL
DAMAGES) ARISING OUT OF YOUR USE OF OR
INABILITY TO USE NGW OR ANY NGW SOFTWARE
OR SERVICES, OR THE ACTIONS OR INACTIONS
OF DEVELOPERS OR THE GOODS OR SERVICES
THEY PROVIDE, AND YOU HEREBY WAIVE ANY
CLAIMS WITH RESPECT THERETO, WHETHER BASED
ON CONTRACTUAL, TORT OR OTHER GROUNDS,
EVEN IF NGW HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. NGW'S LIABILITY TO
YOU FOR BREACH OF THIS AGREEMENT IS
LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU
FOR ACCESS TO AND USE OF NGW, EXCLUSIVE OF
PAYMENTS RELATING TO GOODS AND SERVICES
PURCHASED FROM NGW. YOU HEREBY RELEASE NGW
FROM ANY AND ALL OBLIGATIONS, LIABILITIES
AND CLAIMS IN EXCESS OF THIS LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW IMPLIED
WARRANTIES TO BE EXCLUDED OR MODIFIED OR
LIABILITY TO BE LIMITED, SO NOT ALL OF THE
ABOVE LIMITATIONS MAY APPLY TO YOU.
This agreement shall be governed by the
laws of the State of Montana. Any cause of
action of Subscriber with respect to the
Service must be instituted in the State of
Montana. Any cause of action of Subscriber
or its designated users with respect to
the Service must be instituted within one
year after the claim or cause of action
has arisen or be barred.
Indemnification. You agree to indemnify NGW
from and against any and all liabilities,
expenses (including attorneys' fees) and
damages arising out of claims based upon
use of your NGW account, including any
claim of libel, defamation, violation of
rights of privacy or publicity, loss of
service by other Subscribers and
infringement of intellectual property or
other rights. NGW will notify you promptly
of any claim for which NGW seeks
indemnification and will afford you the
opportunity to participate in the defense
of such claim, provided that your
participation will not be conducted in a
manner prejudicial to NGW interests, as
reasonably determined by NGW. These terms
and any other Operating Rules published
over the Service shall constitute the
entire and only agreement between NGW and
Subscriber. You agree that you have read NGW's
Privacy Statement and Ratings Statement
posted at this website.
If you wish to cancel an account, please
email accounts@NGWt.com and enclose your
full name and account name or number
within the body of the message.
Cancellations are processed as soon as
possible and not held to the end of the
billing cycle. The monthly membership fee
is non-refundable.
BILLING POLICY
Price Plans
Permitted forms of payment: Credit cards
accepted: Visa, MasterCard and American
Express are accepted. Prepayment: We will
accept prepayment of charges in the form
of a personal check, certified check,
cashiers check, or money order. These must
be in US funds. You must include your
account name or number on the payment.
Prepayment must be mailed to:
Savage
Eden - Account Services
E I Communications Corp.
501 East Front Street, Suite 503
Butte, MT 59701
USA.
Billing
cycle Subscribers are billed for their
price plan charge in advance per billing
cycle and are then billed at the end of
the period based on charges incurred in
excess of their price plan.
Pricing and Billing Changes
NGW may modify the terms of service, the
Operating Rules or prices, and may
discontinue or revise any or all aspects
of the Service at its sole discretion, but
only upon notice published over the
Service. No prior notice of the above
changes by NGW is required, except as
provided herein.
Suspension of Privileges
NGW reserves the right to suspend access
to NGW for Subscriber's account(s)
immediately, without Notice, upon
rejection of any credit card charges,
non-payment, dishonor or chargeback by
Subscriber's bank of authorized charges or
any other indication of credit problems,
or for any reason whatsoever at NGW's sole
discretion without recourse from
Subscriber.
Termination by Subscriber
A Subscriber's access and use may be
terminated at any time, and without cause,
by the user or NGW. The user can terminate
by sending written notice to:
Savage Eden - Account Services
E I Communications Corp.
501 East Front Street, Suite 503
Butte, MT 59701
USA
Subscriber is liable for any charges
incurred by subscriber until the effective
date of such termination which is either
the date of the online termination or the
date written notice is received from NGW.
Subscribers will continue to be billed
until they elect to terminate their
account.
NGW does not offer refunds for registered
accounts except in the following
circumstances: (1) if the account was
opened fraudulently or (2) if the account
was charged due to a billing error.
Accounts that have been terminated due to
violation of this Service Agreement will
not be reactivated.
Additional Charges Returned Checks: $20.00
Service Fee. Accounts past due 30 days:
1.5 % interest fee per month.
Players that modify the game executable,
or deliberately interfere with the game's
network packets, or in any other way 'hack
the game', may be charged a $50.00
maintenance fee.
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