Game Account Terms of Service
Big Picture Games Ltd., the creator of Darkfall: Rise of Agon, provides the system and related services subject to the user’s compliance with the terms and conditions set forth below. Please read the following information carefully:
Account Management (AMS) Copyright Information
All pages within this Account Management System ("AMS") are the property of Big Picture Games Ltd. and/or its affiliates. No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of Big Picture Games Ltd.
“Big Picture Games Ltd.”, and “Darkfall: Rise of Agon” and their respective logos are trademarks and service marks of Big Picture Games Ltd.. All other trademarks, service marks and logos used in this AMS are the trademarks, service marks or logos of their respective owners.
- This AMS, including any content or information contained with it or any AMS service, is provided “As Is” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties or merchantability, fitness for a particular purpose, and non-infringement. The user assumes total responsibility and risk for their use of this AMS and AMS-related services.
- Big Picture Games Ltd., its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the AMS, AMS-related services and/or content or information contained within the AMS. The user’s sole remedy for dissatisfaction with the AMS and/or AMS-related services is to stop using the AMS and/or those services.
- Although Big Picture Games Ltd. attempts to ensure the integrity and accurateness of the AMS, it makes no guarantees whatsoever as to the correctness or accuracy of the AMS. It is possible that the AMS could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the AMS by third parties. In the event that an inaccuracy arises, please inform Big Picture Games Ltd. so that it can be corrected.
- This Agreement will be governed by and construed in accordance with the laws of Canada and will be binding upon the parties hereto worldwide. The user hereby agrees to the jurisdiction of the appropriate judicial tribunal in Ontario. The user hereby agrees to the resolution of any and all disputes arising under these Term of Service, or actions to enforce these Terms of Service in the exclusive jurisdiction of Ontario Courts and waives any objection to such venue or exclusive jurisdiction. In the event that any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect. These Terms of Service constitute the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. Big Picture Games Ltd. may modify the terms of these Terms of Service by posting notice of such modification on a page of the AMS entitled "Terms of Service.” “Legal Notices" or "Legal Information" (or similar title) at the time the modification takes effect.
- The user's access of, continued viewing and use of this AMS constitutes their consent and agreement to these Terms of Service. If the user has any questions about these Terms of Service of Big Picture Games, please contact us at firstname.lastname@example.org or the following address:
Big Picture Games Ltd.
PO Box 23057 Bowmanville Mall
Bowmanville, ON L1C5R4
Chargebacks and Disputes
A chargeback or dispute is a payment that has gone through all the correct channels and has been paid to Big Picture Games Ltd. In turn, Big Picture Games has awarded the account, the agreed length of play-time for the paid subscription or completed the requested service. The charge that will appear on user’s credit card or PayPal statement will be from “Big Picture Games Ltd.”. If the user places a chargeback with their credit card company or initiates a PayPal dispute (on purpose or by mistake) for any product or service the user has received from Big Picture Games, their account will be banned and will remain so until the chargeback or dispute has been resolved to Big Picture Games satisfaction. If the user has made no reasonable effort to work with Big Picture Games to resolve any problems with their purchase then their account will remain banned. Send an email to email@example.com to discuss any issues with a purchase. Big Picture Games will make every effort to provide a reasonable resolution to the issue but makes no guarantees of a resolution.
Freezing and Canceling Subscriptions
Big Picture Games cannot freeze game time nor will refund any unused game-time. It is the account user’s responsibility to make sure that recurring charges are cancelled prior to the next recurring charge if they wish to suspend their game play. If a user feels there was a case of force majeure that was outside of their control they can email firstname.lastname@example.org. Big Picture games makes no guarantee that they will refund/reimburse any game time.
- Big Picture Games Ltd. has a strict policy on refunds. As outlined in the EULA that accompanies Darkfall: Rise of Agon, the user’s license to play Darkfall: Rise of Agon is non-refundable and non-transferable.”
- Refunds can only be considered on an individual basis and proper documentation may be required for approval. Please keep in mind that our policy is No refunds. If a refund is issued, the funds will be returned to the same method of purchase (credit card, PayPal, etc.). The funds may take 7-10 business days to be available. The account will be disabled, if the refund was a client or a subscription option.
- The user is responsible for maintaining the confidentiality of their account, player name or password, and will be responsible for all uses of their account player name or password, whether they authorize its use or not. The user must provide accurate information to Big Picture Games and update that information promptly after it changes.
- Big Picture Games suggests the following security measures:
- When contacting Customer Support, please use the registered email address that is associated to the account in question.
- Never give out account information, not even to closest friends or family members.
- Never give out password, not even to Big Picture Games employees.
- Account password should be complex, containing a mix of alphanumeric and symbols such as: ^%# etc...
- Account password should be long and changed often; Length and duration are up to the user.
- Do not use game account password for Forum account password or vice a versa.
- Do not use same or similar account information on a third party website.
- Use antivirus and spyware programs, keep it updated and be wary of 3rd party programs that have keyloggers.
Management of Account
The user acknowledges and agrees that Big Picture Games, at its sole discretion, may suspend, modify, or delete their account at any time for any reason or for no reason with or without notice to the user. If for any reason or for no reason the account is terminated, suspended, or altered in any manner the user will not be entitled to compensation for the time spent playing the game in the world or for any other compensation. For informational purposes only, and not as a limitation of Big Picture Games’ rights, most adverse account actions are related violations of these Terms of Service or the EULA.
Ownership of Account and Character
Transfer of Account, character or Virtual Items Prohibited. Big Picture Games does not allow or recognize the transfer of Accounts, character or any virtual items acquired in the Game or the World. The user cannot sell, purchase or trade any Account, or offer to sell, purchase or trade. Similarly, since Big Picture Games owns all of the content in the Game and the World the user cannot sell or purchase any virtual items or characters from the Game or the World. Similarly, the user cannot trade in game items from the Game or the World for money or anything else of value from outside the Game or the World.
- Children Under The Age of 13. Big Picture Games will not knowingly collect personally identifiable information from any person age 12 and under. Big Picture Games encourages parents to instruct their children to never give out personal information when online. Parents who are concerned about the transfer of personal information from their children may contact us at email@example.com to obtain a record of any information held by Big Picture Games and have it removed at their request.
Personal Information and Privacy
The user acknowledges and agrees that Big Picture Games may collect and store Personal Details and use them for limited purpose of:
- Verification or authentication of a user’s identity
- Establishing an Account with Big Picture Games
- Assistance of services to users, such as gameplay, Game administration and technical support
- Marketing and offering Big Picture Games products and services to the user
- Disclosure of Information. The user acknowledges and agrees that Big Picture Games has the absolute right, at its sole discretion and without notice to the user, to disclose the user’s Internet Protocol (IP) address(es), personal information, Chat logs, and other information about the user and their activities in response to a request by law enforcement, a court order or other legal process, if doing so may protect the user's safety or the safety of others or to protect or enforce Big Picture Games’ rights in the Game and the World.
- Official Service Invoice. As the account holder, the user has the right to request an official Invoice for their purchase by contacting Customers Support and it will be sent to the user immediately in PDF format.