Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE (the "Site").

This site is fully controlled and operated by various Acitius, Inc. staff (referred to below as "Acitius," "we," "us," and "our"). By accessing and using this Site, you agree to be legally bound by these Terms of Service ("Terms"). If you do not agree to these terms, you may not use the Site. We reserve the right, at our sole discretion, to change, modify, add to, or otherwise alter these Terms of Service at any time without warning. Such changes and/or modifications shall become effective immediately upon their posting, so please review the Terms of Service posted at this link periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Service (including the Acitius Privacy Policy and Rules).

OWNERSHIP OF INTELLECTUAL PROPERTY; RESTRICTIONS ON USE
All copyrightable elements of the Site (the "Materials") are the property of Acitius, affiliates, assigns, licensors or other respective owners, and are protected, without limitation, pursuant to United States and international copyright and trademark laws.

Members are not allowed to use the Materials outside of the Site except for personal, noncommercial use without express written consent provided that you include "Copyright 2009-2017 Acitius, Inc. All Rights Reserved. Used With Permission" or "(C) 2009-2017 Acitius, Inc. All Rights Reserved. Used With Permission" on every page containing copyrightable elements. Unauthorized use of the Material includes, but is not limited to, on web pages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature, products, games, services, or other inappropriate content. Acitius hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for non-commercial and personal use only, one copy of appropriately limited portions of the Materials from this Site, provided that that "Copyright 2009-2017 Acitius, Inc.. All Rights Reserved. Used With Permission" or "(C) 2009-2017 Acitius, Inc. All Rights Reserved. Used With Permission" accompanies all copyrightable Materials. You agree not to tamper with, modify, or change the Material from Acitius without Acitius's express prior written consent. Unauthorized or prohibited exploitation of Materials will result in deletion of the offender's account from the Site, and may subject the offender to civil liability and criminal prosecution under applicable federal and international laws.

Acitius respects the intellectual property of others, and we ask our members to do the same. Acitius may, in appropriate circumstances and at its discretion, terminate the accounts of members who infringe the intellectual property rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Acitius with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner(s) of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the site; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your message is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Acitius can be reached as follows:
support@acitius.com

USER SUBMITTED MATERIALS
Acitius may now or in the future permit submissions in journals, the Online Artist, forums, live chat, shop and pet descriptions, etc. by you and other members ("Member Submissions"), and the hosting, sharing and/or publishing of such Member Submissions. You understand that whether or not such Member Submissions are published, Acitius does not guarantee any confidentiality with respect to any Member Submissions. Additionally, none of these reflect the views of Acitius.
Members retain all ownership rights in their member Submissions. By submitting Member Submissions to Acitius, you hereby grant to Acitius a non-exclusive, perpetual, irrevocable, assignable, sub-licensable, fully paid-up, and royalty-free license to use, modify, display, reproduce, distribute and perform (if applicable), prepare derivative works of and otherwise fully exploit ("Use") your member Submissions within Acitius in any way, shape, or form we see fit. By submitting Member Submissions to Acitius, you hereby grant to such members of Acitius a non-exclusive license to Use your member Submissions solely as necessary for such members to participate in the relevant Acitius functionality or activity. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) are waived.

You are solely responsible for your own Member Submissions and the consequences of posting or publishing them. You affirm, represent and warrant that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless: (1) you own, or have the legal authority to Use and to authorize Acitius and Acitius's members to Use your Member Submissions as necessary to exercise the license granted by you to enable inclusion and use of the Member Submissions in the manner contemplated by Acitius and these Terms; (2) you will pay all royalties and other amounts owed to any person or entity due to your Use of any Member Submissions on Acitius.

Furthermore, you will also refrain from uploading, posting, transmitting, or creating: (1) pet names or account member names that would be considered inappropriate under our Terms of Service or Rules; (2) excessive profanity, sexual content, obscene behavior, or pornography; (3) falsehoods, misrepresentations, personal attacks, anything slanderous or libelous or defamatory, that could damage Acitius and/or Acitius member(s) and/or any third party; (4) links to third party commercial websites or downloads for commercial, material or immaterial gain; (5) impersonating another person; (6) soliciting from other members their or anyone else's password or any personal or private information; (7) using, transmitting or encouraging others to use "cheat" or "hack" programs or information or links to sites claiming to have these solicitations of member passwords; (8) other information that Acitius deems, in its sole discretion, to be inappropriate for this site which includes, but is not limited to, content that is: threatening, harmful, hateful, abusive, racially or ethnically offensive, vulgar, unlawful, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable, or encourages conduct that would be considered a criminal offense, give rise to a civil liability, violate any law or is otherwise inappropriate, such as spamming, flooding, trolling, excessive shouting, or other repetitive, obnoxious, disruptive, or crude behavior; or (9) engage in any other activity that is prohibited by these Terms.

You understand that when using Acitius you will be exposed to Member Submissions from a variety of sources, and that Acitius is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. You further understand and acknowledge that you may be exposed to Member Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Acitius with respect thereto, and agree to indemnify and hold Acitius, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of Acitius. Acitius does not endorse any Member Submission or any opinion, recommendation or advice expressed therein, and Acitius expressly disclaims any and all liability in connection with Member Submissions. If notified by a member or a content owner of a Member Submission that allegedly does not conform to these Terms, Acitius may investigate the allegation and determine in good faith and in its sole discretion whether to remove the Member Submission, which it reserves the right to do at any time. Acitius has the right, but not the obligation, to edit, delete, modify, or refuse to post any Posting that violates these Terms of Service, as well as revoke the privileges of any member who does not comply with these Terms of Service without warning. Acitius also reserves the right to contact any third party who may have an interest in preserving the safety of members (such as law enforcement) regarding the content of any post and supplying identifying information regarding such poster to such third party. Please see the Privacy Policy and Rules.

Acitius may be used for non-commercial purposes only. You are not permitted, without our express written approval, to solicit funds, endorsements, promotions, or advertising of any kind or nature. You specifically acknowledge that soliciting other Acitius' members to join or become members of any commercial online service or other organization or group is prohibited without the express written consent of Acitius.

You (and your parents, if you're under age 18) hereby authorize us to use, and to authorize others to use, anything that is transmitted on to the Site, in whole or in part, in any form, medium, or technology in any way, shape, or form we choose, including but not limited to commercial purposes, editing, and modifying the work in manner we please without your consent.

WEBSHOP DONATIONS
Acitius contains a donation option which allows members to receive a gift from Acitius in honor of their donation. These are donations, not sales. You will not receive a receipt, nor are we a tax-deductible entity. We reserve the right to not give you a refund or exchange for donations. All donations are final.

LIKENESS AND SIMILARITY
This game is an original production and any likeliness this game may have with anything (similar) is purely coincidental. Images, text and source code are products of the staff at Acitius and are in no way related to any other existing (similar) products.

DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Acitius DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. Acitius DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Acitius DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. Acitius IS NOT TO BE HELD LIABLE THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Acitius, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY Acitius OR ANY THIRD PARTY.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL Acitius HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

THIRD PARTY SITES
We do not endorse, neither implicitly nor explicitly, anything that is linked to a third party. We do not claim that these sites contain anything factual or accurate, nor do we hold any claim over the quality that the sites may produce nor over the appropriateness of the content on the sites. We are not to be held responsible for anything that occurs on or because of the site. Furthermore, we are not to be held liable if anything on third party sites is found to be inappropriate, offensive, inaccurate, does not correctly comply with copyright rules and regulations, contains or promotes anything illegal, indecent, or immoral. We take no responsibility if third party sites cause you any trouble or harm in any way, shape, or form. Third party sites Terms of Service, Privacy Policy, and Rules may differ from Acitius' and each should be read carefully before using the site.

Although the Acitius Wiki was created by us for the members of this Site, it can be edited by anyone who accesses it. As such, we cannot lay claim to the quality, factual content, accuracy, or appropriateness of anything that is located on the Acitius Wiki. Thereby, we cannot be held responsible for anything that occurs on the Acitius Wiki.

Acitius will never give or sell e-mail addresses or other personal information supplied by its members to sponsors without permission. Please make sure you review Acitius Privacy Policy for all details regarding Acitius use of your personal information.

DENIAL OF ACCESS
We have the right to deny any member of access to the Site with or without any forewarning for any reason. By agreeing to these Terms of Service, you agree to not attempt to access the site after you have been denied access. If you do not cease and desist, you give us the right to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Acitius.com site.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Acitius, its affiliates, and their respective officers, directors, employees, agents, licensees, representatives, and third party providers to the site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you. Acitius reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Acitius in asserting any available defenses.

MISCELLANEOUS
You acknowledge and agree that you are not permitted under any circumstances or for any reason to cheat or utilize third-party games or code in order to win at, or gain AP, stats, or items or anything can may be awarded for donating money through the Acitius Webshop. You agree not to use or aid anyone in the usage of any third party programs designed to change the game play on the site including, but not limited to, programs such as autobuyers, flash game cheats, auto-refreshers, and snipers. Any use, dissemination, or design of such programs is a breach of these Terms, and you will be responsible for any resulting damages to Acitius. You further agree not to take advantage of any bugs on the Site and agree to report them to us if you know of anyone who is using a bug for any form of gain.

By using the Site, you agree to use English as your means of communication on the Site.

You agree to post in the correct sections in the Forums. You further agree to only post threads meant for only one other specific member to respond to in the Role-Playing or Dating sections. If you wish to speak with one specific member in other situations, use Mail.

You agree to include a clearly visible and working pause and/or stop option for all music and video that you make viewable on Acitius.

Each account is to be used by one and only one person. This means that there are no shared accounts, account sales, or any other reasons for more than one person to have access to the same account. Staff members who are conducting an investigation are excluded from this rule for as long as an investigation is occurring.

Effective May 1, 2017: Each member may have one (1) account. Members who created additional accounts prior to May 1, 2017 may have up to three (3) accounts. In the case of members with more than one account, one of the accounts is the primary or main account and all of the features on Acitius may be used by this account. The other two (2) accounts are secondary accounts and may only be used for storage purposes. For example, you can store extra pets on the secondary account or create an additional gallery. However, you may not play games, complete quests, enter contests, abuse ratings, or use features that have otherwise been disabled or are inaccessible to the primary account.

You agree that the information you provide to Acitius during registration and, at all other times, will be truthful, accurate, current and complete.

Acitius operates and controls the Site from Chicago, Illinois in the United States. Acitius makes no representation that the Site is appropriate or available in other locations. It is your responsibility to ensure that this site is appropriate in your locale.

If any provision of these Terms of Service is found to be illegal or unenforceable, the Terms of Service will be curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. We will also enforce the Terms of Service based upon the spirit under which they were written.

The Terms of Service and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Illinois, United States applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms of Service or the site shall be filed only in the state or federal courts located in Illinois. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

These Terms of Service were last updated on May 1, 2017 and became effective upon its publication on that date.