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<h3><b>FAILBETTER GAMES</b></h3> <h1><b>StoryNexus Terms of Service</b></h1> <b>Last updated: 29th April 2015</b> <br/> <br/> <b>Background</b> <ol> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">We"re Failbetter Games Limited ("</span><b>FBG</b><span style="font-weight: 400;">") – we built StoryNexus, a storygame creation platform. This document is our "</span><b>Terms of Service</b><span style="font-weight: 400;">": a legal agreement between us and you explaining how you can use StoryNexus (which includes the platform itself, its database, website and other channels and technologies through which StoryNexus content may be created or played) and what our relationship with you will be regarding it. </span></li> </ol> <b>What is StoryNexus?</b> <ol start="2"> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">StoryNexus is a software platform which you can use to create story-games: a collection of interactive content (which we refer to as "</span><b>StoryNexus Worlds</b><span style="font-weight: 400;">") which you can make available for other StoryNexus users to play. </span></li> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">If you create StoryNexus Worlds or submit interactive content material to a StoryNexus World (which we"ll call together "</span><b>StoryNexus Content</b><span style="font-weight: 400;">") then we"ll refer to you as a "</span><b>Creator</b><span style="font-weight: 400;">" in these Terms. If you just play StoryNexus Content then we"ll refer to you as a "</span><b>Player</b><span style="font-weight: 400;">" in these Terms. (You may be both a Creator and a Player at different times.)</span></li> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">In order to use StoryNexus (whether as a Creator or Player) you will need to sign up to a StoryNexus account, as part of which you will be required to agree to these Terms of Service and our Privacy Policy.</span></li> </ol> <b>Licence stuff</b> <ol start="5"> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">In return for your acceptance of these Terms, we give you the personal right (known as a "licence") to use StoryNexus and all the content and tools in it for the purpose of playing and creating content in StoryNexus. We can terminate this licence in certain circumstances, which are explained further below. This licence is "non-exclusive", meaning that we can grant similar licences to other people as well. It is also "non-transferable", meaning it cannot be given to anyone else.</span></li> </ol> <b>Creating content in StoryNexus</b> <ol start="6"> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">As we said above, with StoryNexus you can create StoryNexus Content. </span><span style="font-weight: 400;">You own your own submitted StoryNexus Content</span><span style="font-weight: 400;"> – you created it, so we want you to have it. However, so that we can make the StoryNexus Content available via StoryNexus, we need you to give (and you agree that you do give):</span></li> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">To FBG: a worldwide, non-exclusive, royalty-free, non-transferable licence to use, reproduce, distribute, display, and perform the StoryNexus Content in connection with StoryNexus and through any other communications methods or platforms (for example, via the web, downloadable clients, mobile platforms, and otherwise); and</span></li> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">To each StoryNexus user: a worldwide, royalty-free, non-exclusive licence to access your StoryNexus Content through StoryNexus and through any other communications methods or platforms (for example, via the web, downloadable clients, mobile platforms, and otherwise).</span></li> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">You may remove or withdraw your StoryNexus Content from the publicly accessible area of StoryNexus at any time and it remains your property. You understand and agree, however, that StoryNexus may retain (but will not display, distribute, or perform) server copies of StoryNexus Content that has been removed or deleted.</span></li> </ol> <b>Some important rules about creating and using StoryNexus Content</b> <ol start="8"> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">All StoryNexus Content you submit must be your own - you must not submit StoryNexus Content that is owned wholly or partly by anyone else. This includes any content or material or information which is copyrighted, confidential, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless:</span></li> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">you are the owner of such rights or have permission from their rightful owner;</span></li> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">you have the necessary consents from any individuals whose personally identifiable information is contained in the StoryNexus Content; and</span></li> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">you have the power to grant FBG the licence rights described above.</span></li> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">You must comply with the StoryNexus Creator Guidelines regarding any StoryNexus Content, which you can find here: </span><a href=""><b></b></a></li> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">We cannot emphasise this enough: please ensure that you understand this section and the Creator Guidelines fully and take care to ensure that you comply with them. If we believe that you have in any way breached them, we reserve the right to amend, redact, suspend or remove the relevant StoryNexus Content and we may need to suspend or even (in serious cases) terminate the StoryNexus accounts of anyone involved in such breaches.</span></li> </ol> <b>Our responsibilities regarding StoryNexus Content</b> <ol start="11"> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">We provide the StoryNexus platform itself, not the StoryNexus Content. As a result, we are not responsible or liable for any StoryNexus Content, or any interactions between users or third parties that may result from it. We do not endorse any StoryNexus Content or any opinion, recommendation, or advice expressed using StoryNexus, and we expressly exclude any liability in connection with StoryNexus Content or the actions of users, to the full extent that it can legally be excluded.</span></li> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">StoryNexus Content may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility if you access any third party website, service, or content from StoryNexus – so be careful!</span></li> </ol> &nbsp; ? <b>Our editorial powers regarding StoryNexus Content</b> <ol start="13"> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">We may change the name and URL/domain of StoryNexus Content at any time and for any reason. This will normally be to ensure uniqueness or clarity, e.g. if there are two worlds with the same or a very similar name. We may also reserve certain key or common words for Failbetter or system use (e.g. ‘Test’, ‘Help’). If a very desirable name/URL has been associated with a world which remains unfinished or inactive, we may allow or require the name to be transferred to another world. Other reasons may occur. We will contact the Creator and explain the reasons for the change.</span></li> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">We may choose at our discretion to promote any StoryNexus Content, including featuring it on the front page of our website, the StoryNexus bar or other promotional locations.</span></li> </ol> <b>Communications from us</b> <ol start="15"> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">By registering for StoryNexus, you will receive online communications from FBG. To see how we use your personal information please go to our privacy policy at </span><b></b></li> </ol> <b>Access to the Service</b> <ol start="16"> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">Occasionally we may need to carry out maintenance work on StoryNexus, for example due to technology improvements or bugs. We will do what we can to notify you of these changes, and any impact on your use of StoryNexus, in advance but that may not always be possible. </span></li> </ol> &nbsp; ? <b>Age Requirements</b> <ol start="27"> <li><span style="font-weight: 400;">You must be over the age of 13 to participate in StoryNexus as a Player. You must be over the age of 18 to participate in StoryNexus as a Creator.</span></li> </ol> &nbsp; <ol start="28"> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">Your access to StoryNexus may be suspended (or, in serious cases, even terminated) for any of the following reasons: attempts to modify character statistics and possessions through exploits; attempts to manipulate character rankings or displays through means other than those intended by us; unauthorised reproduction or distribution of any content whose copyright is owned by other Creators or by us; harassment, abuse or misinformation directed against other players or against our employees; attempts to hack StoryNexus, our website or any of our other property; use of automation or scripting to interact with the site; use of secondary accounts ("alts") to harass other players or gain unfair competitive advantage; denial of service attacks against the site; use of phishing or similar software; or any other breach of these Terms or the Creator Guidelines.</span></li> </ol> <b>Your use of the Service</b> ? &nbsp; <ol start="29"> <li><span style="font-weight: 400;">When a Creator is suspended, all Worlds owned by that Creator will also be suspended. If a World or User/Creator has been suspended for more than six months, we may at our option permanently delete it. Our decision in these matters is final.</span></li> </ol> <b>General</b> <ol start="30"> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.</span></li> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">These Terms shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts.</span></li> <li><i></i><span style="font-weight: 400;"> </span><span style="font-weight: 400;">These Terms and the policies incorporated herein are the entire agreement between you and FBG. They supersede any and all prior or contemporaneous agreements between you and FBG relating to your use of StoryNexus. FBG may assign these Terms, in whole or in part, at any time.</span></li> <li><span style="font-weight: 400;"> </span><span style="font-weight: 400;">FBG may modify these Terms at any time and will use reasonable endeavours to post notice of the revised Terms at</span><a href=""> <span style="font-weight: 400;"></span></a></li> </ol> &nbsp;