The Agreement is applicable only to SWG: Vision of Hope and not other sites on the World Wide Web, owned or operated by SWG: Vision of Hope, it’s subsidiaries, affiliates and/or related entities. Please note that if you are redirected or otherwise link to SWG: Vision of Hope from another website, then this Agreement applies to your use (as opposed to any user agreement, applicable to the website that you are leaving).
Examples of the Subsites of SWG: Vision of Hope include:
To the extent permitted by applicable laws, SWG: Vision of Hope may change, add or remove any part of this Agreement, or any other terms associated with the use of our website, subsites, or services, at any time, by posting a notice of such changes on either website or forums. Any changes shall become part of the Agreement and shall apply as soon as such notice is posted. By continuing to use website, subsites, or services, you are indicating your acceptance of those changes.
The website, subsites, or services is for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by SWG: Vision of Hope, you may not sell or exchange anything you copy or derive from SWG: Vision of Hope. As long as you comply with the terms and conditions of this Agreement, and subject to the terms of any applicable, End User License Agreement, for our games and services, SWG: Vision of Hope grants you a personal, non-exclusive, non-transferrable, limited use, Agreement, to enter, use, perform and display SWG: Vision of Hope and everything on it. You agree not to interrupt or attempt to interrupt the operation of SWG: Vision of Hope, it’s website, subsites, or services in any way, shape or form.
2.1 - GENERAL
2.2 - For Kids - Under Age 13
2.3 - For Parents
2.4 - Content to Monitor
Please note that some games available on or through SWG: Vision of Hope may, when in operation, monitor your computer’s random access memory, MAC address, system and configuration files, crash data, etc. for the purpose of monitoring and improving quality and service as well as for the purpose of identifying unauthorized third party programs concurrently with your game which, in SWG: Vision of Hope’s sole determination: (i) enable or facilitate cheating of any type; (ii) allow users to modify or hack the applicable game interface, environment, and/or experience in any way not expressly authorized by SWG: Vision of Hope; or (iii) intercept, “mine” or otherwise collect information from or through the applicable game (an “Unauthorized Third Party Program”). In the event that a game detects an Unauthorized Third Party Program, (a) the game may communicate back to SWG: Vision of Hope, including without limitation your Account Username, details about the Unauthorized Third Party Program detected and the activities or functions performed thereby, and/or details about your computer, and/or (b) SWG: Vision of Hope may exercise any or all of its rights and remedies under this Agreement or the applicable game, End User License Agreement without prior notice to the user linked to such Unauthorized Third Party Program.
In addition, you acknowledge that any and all character and account data that is stored and is resident on our servers, and any and all communications that you make traverse through our servers, may or may not be monitored by us or our agents (where and to the extent permitted by applicable law), you have no expectation of privacy in any such communications, you expressly consent to such monitoring of communications, you send and receive, and you expressly agree to waive any rights of confidentiality that you may have in and to such communications. For example, SWG: Vision of Hope may monitor chat rooms in certain portions when related to children use.
3.1 - INTRODUCTION
Certain content, games and/or services provided by SWG: Vision of Hope, may be accessed and/or used by you without requiring registration or login (collectively, “Public Materials”). Most other content, games and/or services provided by SWG: Vision of Hope, require that you register and open an account on www.swghope.com/forums/forum.php, in order to be accessed and/or used by you (collectively, “Member Materials”). This Agreement applies equally to your access and use of Public Materials and Member Materials. Any Account supplied to you is personal to you, and you may not transfer or make available your Account username and/or password to others, including, without limitation, your co-workers or other members of your household (except that Child restricted account information may be accessed by a Parent or Legal Guardian). Any distribution by you of such Account username and/or password may result in disciplinary action being taken against player accounts, which may or may not lead up to and including: Official Warnings, Account Suspensions or Account Termination, depending on the severity of the incident, and at the discretion of CSR Staff. In order to use SWG: Vision of Hope website, subsites, or services, you must first obtain access to the Internet and pay any service fees associated with such access. In addition, you will need to provide all equipment and software necessary to connect to website, subsites, or services via the Internet (including a computer, modem, browser and/or other access devices.
3.2 - Pre-Registration
3.3 - Registration for Adults and Individuals Age 13 and Over
3.4 - Accessing your Account Information
You can access, edit and update your Account Information at anytime. It is your responsibility to ensure that your information is truthful, complete, current and accurate.
3.5 - Account Registration and Activation for your Child's Account
3.5.1 - Restricted Account Registration
We offer restricted accounts to Children (“COPPA Accounts”) which may be used only to access specific Member Materials which are intended for Children. If your Child provides us with a birth date, which indicates he or she is under the age of thirteen (13), then your computer may be identified by us for a period of time, as being utilized by a Child (such as through the use of a cookie or other technical means) so that your Child will only be permitted to sign up for a Restrict Account with us. When registering for a Restricted Account, in addition to the information your Child provides during pre-registration, your Child will be added to choose a username and password, and to provide a parent or guardian’s e-mail address (a secret question and answer may also be created for the account).
3.5.2 - Restricted Activation
After successful submission of all registration information, your Child’s COPPA Account will be activated and will remain restricted until such time as your Child reaches the age of thirteen (13), at which time the Account will automatically become a standard account.
3.6 - Security of your Account
It is important that you remember your username and password and that you keep your username, password and any security questions in a safe, offline, location.
If you forget your username or password and have not provided us with any security questions and answers, you may not be able to access the Member Materials and/or your Account (including Restricted COPPA Accounts).
You are responsible for maintaining the confidentiality of your Account and for all activities that occur through the use of your Account. You agree to: (i) immediately notify SWG: Vision of Hope of any unauthorized use of your Account or any other breach of security, and (ii) ensure that you secure your Account and computer from third party access. SWG: Vision of Hope will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or be required to change your password from time to time.
We have implemented managerial procedures in order to help safeguard and prevent unauthorized access, use, alteration, modification and/or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via e-mail are not protected by encryption and are vulnerable to interception during transmission.
4.1 - GENERAL
You understand that anything sent through or appearing in SWG: Vision of Hope’s Communication Features are the sole responsibility of those persons, posting the message. This means that you, and not SWG: Vision of Hope, are entirely and completely liable for all information and material posted, therein.
SWG: Vision of Hope has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the SWG: Vision of Hope system or network, who are repeat infringers. SWG: Vision of Hope may terminate access for content providers or forum participates (e.g., Message Boards, Email Services, TCG Chat, Ingame Chat, Discord, or Social Media Listings) who are found repeatedly to provide or post protected material without the necessary rights or permissions. SWG: Vision of Hope does not control the content of any postings in SWG: Vision of Hope’s Communication Features and does not guarantee the accuracy, integrity or quality, therein. You understand that by using SWG: Vision of Hope’s Communication Features, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances, will SWG: Vision of Hope, be held liable for any errors or omissions in any postings or for any loss or damages of any kind that are incurred as a result of informational use contained within SWG: Vision of Hope’s Communication Features. SWG: Vision of Hope retains the right to terminate membership of any member, who violates any and all sections contained within these, Terms of Service, contained, herein.
Please carefully review SWG: Vision of Hope policies concerning (i) submission of creative ideas, suggestions and materials, (ii) fan-fiction and/or artwork, and (iii) uploading of photographs, located in Section V of the General Terms and Conditions.
4.2 - Rules of Conduct
You agree not to do any of the following, while a member of SWG: Vision of Hope, either on website, subsites, services or in any Communication Feature:
Transmitting any message, information, data, text, software or graphics files, or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another’s right to privacy or publicity, hateful, racially, ethnically or otherwise objectionable;
Impersonating any person or entity, including but not limited to, an SWG: Vision of Hope’s Staff Official, Forum Leader, Guide, or falsely testifying or otherwise misrepresenting your affiliation with a person or entity;
Posting or transmitting any content that you do not own the right to transmit, under any law, or under contractual or fiduciary relationships (such as Nondisclosure Agreements (NDA));
Posting or transmitting any content that contains a virus or corrupted data;
Deleting any author attributions, legal notices or proprietary designations or labels that you upload to a SWG: Vision of Hope Communication Feature;
Using SWG: Vision of Hope’s Communication Features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting [use of all caps], flooding [continuous posting of repetitive text] or excessively large, embedded images);
Posting or transmitting any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitations;
Intentionally or unintentionally, violating any applicable local, state, national, or international law, rule or regulation, therein;
Uploading or transmitting any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; and
Attempting participation in the purchasing or sale of any virtual goods in exchange for real world money is expressly prohibited, including, but not limited to, the purchase or sale of in-game credits or any object within the Star Wars Galaxies™ world. All accounts found participating in said practice, will be terminated, without delay.
4.3 - Rights In User Content
Any and all User Content submitted (e.g., by uploading or transmitting) to SWG: Vision of Hope shall be deemed, and shall remain, the property of SWG: Vision of Hope and/or its Third Party Providers from the moment of uploading or transmission. Accordingly, SWG: Vision of Hope shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all User Content of every kind and nature, in perpetuity, throughout the universe and you hereby assign SWG: Vision of Hope as a present assignment of future rights, all such intellectual property rights to the extent, owned by you. To the extent, any of the User Content is not assignable, by submitting User Content to an SWG: Vision of Hope Communication Feature, you agree that SWG: Vision of Hope and/or its Third Party Providers shall be irrevocably entitled to, throughout the universe and in perpetuity, use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from and distribute any User Content for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the User Content, including sublicensing any third party to do any of the foregoing. To the extent permitted by applicable laws, you also give up any claim that any use by SWG: Vision of Hope and/or its Third Party Providers of any User Content violates any of your rights, including but not limited to, moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth, therein.
4.4 - Links
The website, subsites, or services, including the SWG: Vision of Hope Communication Features, may provide and users may include in messages, links to other web sites or resources. SWG: Vision of Hope and its Third Party Providers are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. SWG: Vision of Hope and its Third Party Providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, inability to use or reliance on any such content, goods or services available on such external sites or resources.
4.5 - Epilepsy Warning
A very small percentage of individuals may experience epileptic seizures to certain light patterns or flashing lights. Exposure to certain patterns or backgrounds on a computer screen, or while playing video games, may induce an epileptic seizure in these individuals. Certain conditions may induce previously undetected epileptic symptoms even in persons who have no history of prior seizures or epilepsy.
If you, or anyone in your family, have an epileptic condition, consult your physician, prior to playing Star Wars Galaxies™. If you experience any of the following symptoms while playing a video or computer game: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, convulsions.
If you exhibit any of the symptoms listed above, consult immediate medical attention, before attempting to return to Star Wars Galaxies™.
PLEASE READ THE FOLLOWING TERMS AND ALL LINKED SUPPLEMENTAL TERMS VERY CAREFULLY. THE FOLLOWING ARE RULES, TERMS AND CONDITIONS THAT YOU ARE BOUND BY, WHEN YOU ACCESS SWGHOPE.COM OR CREATE AN ACCOUNT. BY ACCESSING SWGHOPE.COM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE, TERMS OF SERVICE.
5.1 - General Terms
By Registering and/or Accessing “SWG: Vision of Hope” (“SWG: Vision of Hope”, “www.swghope.com”, “we”, “our”, or “us”) you agree, that you fully understand and plan to follow, all of the terms and conditions, contained, herein. If you object to any of these, terms and conditions, you are free to not access SWG: Vision of Hope. You can request account deactivation from administrators, at any time, should you not agree with these Terms of Service.
SWG: Vision of Hope is a non-profit, community driven, project. SWG: Vision of Hope does not accept public donations for SWG: Vision of Hope services.
5.2 - Account Terms
Children’s Online Privacy Protection Act (COPPA), which gives parents control over what information, websites are able to collect from their children. With new provisions, put into effect on July 1, 2013. This puts additional protections in place, and streamlines other procedures, that companies and groups covered by COPPA, need to follow. As part of the Children’s Online Privacy Protection Act (COPPA), children wishing to register, who are under the age of thirteen (13), are required to have written, parental permission, to access SWG: Vision of Hope. We, however, do not take responsibility for account holders, who manage to register and use services, that may be under the age of thirteen (13).
By registering, you agree, that the information that you’ve provided and specified in your account, is accurate and valid. This includes your e-mail address, and any other information that you provide, during the registration process. Providing invalid or inaccurate information, may result in the termination of your account. SWG: Vision of Hope allows one account, per person, and per household. Multiple accounts, per person, per household, are not permitted.
However, exceptions to this policy can be made for players, who have multiple family members, living in the same household, who also want to play the game. To request authorization for Multiple Accounts, please submit a ticket to Multiple Account Support Services.
You are solely responsible for all activity, on your account. Your account may be terminated, if someone else uses the account to engage in activity that violates these Terms of Service. You should not reveal your account password to others. SWG: Vision of Hope will never ask for you to reveal your password, or eve initiate any contact with you, asking for your password information.
SWG: Vision of Hope is committed to maintain an environment that does not tolerate or foster, hate of any kind. It is for this reason that we maintain a zero-tolerance policy against harassment or bullying of any member of SWG: Vision of Hope.
Harassment is defined as the act of systematic and/or continued unwanted and annoying actions one one party or group, including but not limited to, threats, demands, derogatory comments or obscene discussion about a member, or gossip. Bullying is defined as repeated incidents of harassments, threats or intimidation. Members who violate this policy may be subject to disciplinary action being taken against player accounts, which may or may not lead up to and including: Official Warnings, Account Suspensions or Account Termination, depending on the severity of the incident, and at the discretion of CSR Staff.
You acknowledge that separate Forum and Account Guidelines have been laid out as additional Conduct Guidelines, and agree to follow them. You understand that SWG: Vision of Hope obtains the right to edit or delete, any posts or content you make, as well as close or remove any topics you post, at any time, with our without warning or cause, at the discretion of CSR Staff. We obtain the right to suspend any accounts, at any time, for any reason, with or without warning. The sharing of accounts is expressly prohibited. You agree that as an aid of enforcing these terms and conditions, we can collect additional information, which includes, your IP Address. Furthermore, you agree not to post any abusive, obscene vulgar, slanderous, hareful, threatening, sexual-oriented or any other material that may violate local, state, national or international laws.
5.3 - Global Service Terms
We are not responsible for the content posted by users of SWG: Vision of Hope. The views expressed, are the views of our users and not of SWG: Vision of Hope or the Staff. Neither we, nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website, subsites, or services for any particular purpose. Your use of any information or materials on this website, subsites, or services is entirely at your own risk, for which, SWG: Vision of Hope, shall not be liable. This website, subsites or services may also include links to other websites, subsites or services. These links are provided for your convenience to provide further, relevant, information. They do not signify that we enforce the website(s), subsites or services. We have no responsibility, for the content of any and all linked, third party, website(s), subsites or services.
By accessing SWG: Vision of Hope, in any way, you agree to never attempt to access any content or service that you do not have explicit permission to use or access. You agree to immediately report any hackers, site exploits or vulnerabilities, including but not limited to, bugs or inconsistencies to Support Services.
5.4 - Support Terms
In order to use or access any support systems or services (“Support”, “Support Systems”, “Support Services”, “Site Support Services”, Technical Support Services”, “Gameplay Support Services”, Account Support Services”, “Multiple Account Support Services”, “Live Support”, “Live Support Services”, “Ticket Support”, “Ticket Support Services”, “Forum Support”, “Support Staff”, “Support Team”) you agree to the following terms and conditions:
You agree to never request support with regards to illegal clients, that have been obtained through warez, torrents, or other methods, of illegal downloads.
You agree to never request assistance with obtaining illegal clients, or other matters that would give you an unfair advantage over other players.
You understand that we reserve the right to not provide support to you or your account, at any time, for any reason.
Furthermore, you acknowledge that the decisions of Support Staff are final and you agree never to harass, threaten or abuse the Support System or Staff.
Support Staff will NEVER provide support to any member that provides fraudulent information, false testimony or attempting to defraud the system.
You understand that your gameplay account and your forum account are tied together. This means that a forum suspension, would also equate to an in-game, suspension. You acknowledge that separate, gameplay, server rules, are laid out as additional guidelines of conduct, and agree to follow them. You understand, SWG: Vision of Hope, obtains the right to revoke your permission to access the servers, at any time, for any reason, with or without any warning, whatsoever.
5.5 - Gameplay Terms
To access the SWG: Vision of Hope Gameplay Servers (“TC”, “Test Server”, “Stress Test”, “Live Server”, “Gameplay”, “Server”, “The Servers”, “Allegiance Server”, “Allegiance”, “Indominus Server”, “Indominus”, “Servers”) every account owner must have a copy of Star Wars Galaxies™: An Empire Divided™, is acceptable. This excludes the 14 Day Trial, as well as any copies that have been illegally, obtained, through warez, sharing, or any other illegal download. You agree to never use any software attempt to hack, obstruct the game server, gameplay or to obtain unfair advantages, over other players.
You agree not to attempt to obstruct, hack, or take advantage of, any vulnerability found, in the game servers. Using a VPN, Proxy or any other method to mask your IP Address is prohibited, unless said server is required by your internet service provider. Security Protocols of SWG: Vision of Hope will flag any and all suspicious accounts, so that an investigation and validation can be completed. You also agree to report, any and all exploits you may discover on any server, and not to use them, to your advantage over other players. You agree to never impersonate any member of the SWG: Vision of Hope Staff, at any time, on any SWG: Vision of Hope Service. Additional Policies are laid out in the Community Stands Guidelines.
5.6 - Termination of Services and Accounts
SWG: Vision of Hope, may terminate any SWG: Vision of Hope Service, at any time, for any reason, with or without any notice, of any kind, whatsoever.
SWG: Vision of Hope, may also terminate your Account, and access to any and all related entitlements, for violation of these, Terms of Service, breaking the Rules of Conduct, illegal or improper use of your account, or illegal and improper use of any SWG: Vision of Hope Services, products, or intellectual property. SWG: Vision of Hope may issue a warning, or immediately terminate, any and all accounts that you may have established. You acknowledge that SWG: Vision of Hope is not required to provide any notice, before terminating said account(s), however, SWG: Vision of Hope may decide to do so. If, SWG: Vision of Hope, does, terminate your account, you may not participate in any and all SWG: Vision of Hope Services without expressed permission. SWG: Vision of Hope reserves the right to refuse to provide accounts for, and provide SWG: Vision of Hope Services to, any and all individuals.
If your account, or a particular subscription for a SWG: Vision of Hope Service associated with your account, is terminated, you will have no further access to your account or entitlements associated with your account or the particular SWG: Vision of Hope Service.
SWG: Vision of Hope, including, without limitation, all SWG: Vision of Hope Communication Features, contains copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of SWG: Vision of Hope and each area contained therein, are copyrighted as a collective work under the United States copyright laws. Daybreak Games, LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any content contained, therein (including, without limitation, content enabled for you to download) without the express written permission of Daybreak Games, LLC and any other applicable owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice may be made. The downloading of copyright protected material is permission by you, only for personal use. You acknowledge that Day Games, LLC and/or third-party content providers remain the owners of all materials posted therein, and that you do not acquire any of those ownership rights by downloading copyright, protected, materials.
6.2 - Copyright and Trademark Notices
All contents, games and other information offered on or through SWG: Vision of Hope are subject to copyright and trademark protections, as detailed in our Legal and Copyright Notices.
7.1 - Disclaimer of Liability & Warranty
NEITHER SWG: VISION OF HOPE, THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT SWG: VISION OF HOPE WILL BE INTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SWG: VISION OF HOPE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH SWG: VISION OF HOPE, INCLUDING, WITHOUT LIMITATION, ALL SWG: VISION OF HOPE COMMUNICATION FEATURES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO BELOW, SWG: VISION OF HOPE AND ALL INFORMATION, CONTENT AND SERVICES CONTAINED THEREON ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SWG: VISION OF HOPE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF SWG: VISION OF HOPE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF SWG: VISION OF HOPE, IS AT YOUR SOLE RISK.
7.2 - Limitation of Liability & Warranty
SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION, APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF SWG: VISION OF HOPE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT WILL ANY OF THE PARTIES OF SWG: VISION OF HOPE BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE SWG: VISION OF HOPE, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF SWG: VISION OF HOPE OR ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH SWG: VISION OF HOPE; (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO SWG: VISION OF HOPE, EVEN IF SWG: VISION OF HOPE WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY SWG: VISION OF HOPE PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING SWG: VISION OF HOPE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED, SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF SWG: VISION OF HOPE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, INCLUDING (AS APPLICABLE IN YOUR JURISDICTION), WARRANTIES OF TITLE, POSSESSION, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRESPONDENCE WITH A DESCRIPTION OR SAMPE OF THE APPLICABLE GOODS, AND THAT SERVICES WILL BE CARRIED OUT AT A REASONABLE PACE, USING REASONABLE SKILL AND WITHIN A REASONABLE TIME. IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE SWG: VISION OF HOPE PARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF SUCH SWG: VISION OF HOPE PARTIES TO YOU, TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THIS AGREEMENT.
NEITHER THE SWG: VISION OF HOPE PARTIES NOR ITS THIRD PARTY PARTNERS OR VENDORS ENDORSES OR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON SWG: VISION OF HOPE, INCLUDING, WITHOUT LIMITATION, ALL SWG: VISION OF HOPE COMMUNICATION FEATURES, BY ANYONE OTHER THAN AUTHORIZED SWG: VISION OF HOPE EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL SWG: VISION OF HOPE, ANY THIRD PARTY PROVIDER, OR ENTITY BE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON SWG: VISION OF HOPE, OR ANY OF THEIR RESPECT DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH SWG: VISION OF HOPE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
NEITHER THE SWG: VISION OF HOPE, NOR THIRD PARTY PROVIDERS OR ENTITIES, ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH SWG: VISION OF HOPE AND NONE OF THE SWG: VISION OF HOPE PARTIES OR ENTITIES WILL BE A PARTY TO OR IN ANYWAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8.1 - Indemnification
You agree to indemnify and hold harmless SWG: Vision of Hope, Third Party Vendors, Entities, and all of their respective officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, “Indemnified Parties”) from and against any and all liability and costs including, without limitation, attorneys’ fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you the Agreement or any representations, warranties and/or covenants contained herein or (ii) your use of SWG: Vision of Hope, including, without limitation, your Account and all SWG: Vision of Hope Communication Features.
SWG: Vision of Hope, Third Party Vendors or Entities, reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to SWG: Vision of Hope in that matter. This section shall survive termination of this terms and conditions in these Terms of Service.
Taking any sort of legal action, attempting to take any legal action, or suggesting/threatening that you will take legal action against SWG: Vision of Hope, it’s Third Party Vendors or it’s Entities, may result in disciplinary action being taken against player accounts, which may or may not lead up to and including: Official Warnings, Account Suspensions or Account Termination, depending on the severity of the incident, and at the discretion of CSR Staff.
8.2 - Payments
SWG: Vision of Hope is free, always will be free, and without cost of any kind. You will never be required to pay in order to access any and all of the services provided by SWG: Vision of Hope. Anyone requesting a fee to access any SWG: Vision of Hope Services, is not a representative of SWG: Vision of Hope.
At this time, SWG: Vision of Hope does not accept public donations.
8.3 - Changes to These Terms
SWG: Vision of Hope reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete, at any time, any of the terms and conditions of this Agreement, any feature of the Game or the Service, hours of availability, content, data, software or equipment needed to access the game or the service, effective with or without prior notice; provided, however, that material changes to these terms and conditions agreement will not be applied retroactively. If any future changes to this agreement are unacceptable to you, or cause you to no longer be in compliance with said agreement, you must terminate, and immediately stop using, the game and all relevant SWG: Vision of Hope services. Your continued use of the game and SWG: Vision of Hope Services following any revision to this agreement, constitutes, your complete and irrevocable acceptance of any and all such changes. SWG: Vision of Hope may change, modify, suspend, or discontinue any aspect of the game or our services at any time. SWG: Vision of Hope may also impose limits on certain features or restrict your access to parts or all of the game or services without notice or liability. The entire risk arising out of the use or performance of the game (including without limitation of the game client and manuals) remaining with you, the user. Some jurisdictions, do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.
8.4 - Definitions
8.5 - Notification of Ownership
All content posted or transmitted on SWG: Vision of Hope Services, upon transmission, is here, the property of SWG: Vision of Hope. Content that is property of SWG: Vision of Hope is restricted for use by SWG: Vision of Hope and its affiliates only. Do not download, use, or copy content that is posted, used, or transmitted on any SWG: Vision of Hope Services. Content that is written or owned by SWG: Vision of Hope is entitled and protected under licensing agreements, held, therein.
The legal ineffectiveness of a provision, shall not affect the legal effectiveness of the other contractual parts. Parties undertake to replace an ineffective provision with an effective regulation, coming as close as possible to the desired economic result, while corresponding to the contractual purpose in the best, possible way.
All publications are hereby property of SWG: Vision of Hope. The 1976 Copyright Act, defines publication as “distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending.” An offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display also qualifies as a publication. You may NOT use any content that is property of SWG: Vision of Hope on services that are not owned or operated by SWG: Vision of Hope. Attempting to do so, or doing so, may result in the termination of your account. Exceptions and subdivisions to this policy, are outlined above.