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Wasn't sure what to put as a title.

Just got reminded by a player that the links at the bottom of the interface for "Anti Spam Policy", "Privacy Policy", " Copyright Rights", and "Terms of Use" dont go anywhere, iirc the documents arent actually written up, and it's always been like that (to my knowledge).

Just figuring we should kind of have those....

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these are the docs created by Shoeps back on 9/11/08
Main reason not to post them was because i never had time to read them fully and check they are what its needed and not simply a slightly modified copy paste from an other game.

If any of you can do that in my place, or provide better , i can put them up as soon as they are done

Thank you


----------------


Terms of Service

These Terms of Service are in force when you are using Magicduel. We would like to ask you, if you are 12 years or younger, to ask your parents for permission before you agree to these Terms of Service.

1. Registration
Registration and access to Magicduel is completely free. You are obligated to fill in the registration form truthfully. It is not allowed to make multiple accounts that are linked to eachother.

2. Rules
When you agree to these Terms and Conditions you also accept the rules that must be adhered on Magicduel. In violations, Magicduel has the right to delete profiles, texts or images. In extreme cases you will be permanently banned from Magicduel. Although Magicduel is monitored in the observance of the rules, violations of these rules may not always be addressed directly by us.

3. Responsibility
You are responsible for your own account. For your pictures, ingame chat and profile. Magicduel is not obliged to give losses (virtual) stuff back. This is your own responsibility what the cause may be. It is forbidden to use copyright protected texts or images at Magicduel. It is your own responsibility for the possible consequences. Magicduel is not responsible for text, images or content of such third parties.

4. Availability
Magicduel is always doing it's best to offer a good service. However, we do not guarantee that our services are always available.

5. Liability
Under no circumstances shall Magicduel be liable for any damages other than those caused in a grossly negligent or intentional way. Magicduel shall endeavor to assure a continuous accessibility of the server, however, does not assume any warranty in this respect. Magicduel is a gratuitous game without the optional functions. Therefore, Magicduel shall not assume any liability for the failure of server, for programming errors and damage caused in any other way. Magicduel employees, workers, staff members, representatives and vicarious agents, in particular in favor of the shareholders, employees, representatives 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 Magicduel, whether the material is provided or otherwise supplied by Magicduel or any third party.

6. Third parties
Some links on Magicduel lead to sources on servers hosted by independent third parties which Magicduel has no authority or control over. Therefor, Magicduel takes no responsibility or liability for the material on the servers. Magicduel is not responsible for the availability of the data on those servers.

7. Paid services
Magicduel uses so-called credits. For a few additional options in the game you need to have credits. Magicduel credits are not free. Credits can be purchased with various payment methods. When you are underage you first need permission from your parents or legal representative. You always need permission from the owner of the telephone before you purchase credits. Abuse of our paymentsystem is never passed unnoticed. If you get caught abusing our paymentsystem than you will be permanently banned from Magicduel and we will take further steps against you. Magicduel is not liable for any errors or abuse by third parties, the person himself or by faults or errors on Magicduel.

8. Abuse
Abuse of Magicduel is strictly prohibited, it means that no advertisement should be made for commercial purposes. It is also forbidden to use logos/images/texts and other parts of the site for purposes other than Magicduel. The abuse of exploits/bugs/hacks and other ways of cheating are also not allowed! When this is not reported and we caught you, you will be permanently banned from Magicduel.

9. News
Magicduel tries to update/modify and/or supplement the content frequently. Despite the care and attention, it is possible that the content is incomplete and/or inaccurate. Changes can take place any time without prior notice. Magicduel is not liable for the consequences of the changes.

10. Property
All code, design and content on Magicduel (with the exception of links, images, texts etc. from third parties) are fully owned by Magicduel. Magicduel is part of unmarked VOF (www.unmarked.ro). Nothing on Magicduel may be used without written permission.

11. Privacy
Magicduel will never abuse your information that you put on the website. On the registration form we only ask for the information that we need to identify you as a user. Magicduel will at all times honor the privacy of its users. E-mail addresses will only be used for Magicduel. These will be carefully preserved and not be provided to third parties with the exception of a sale or transfer of Magicduel or when we get a judicial order. We register all IP addresses of all our users.

12. Contact
If you have any questions complaints or concerns about these Terms of Service, please contact us on the contact form.

If you do not agree to our Terms of Service you may not participate on Magicdue. Magicdue reserves the right to adjust these Terms of Service at any time with or without prior notice. Check the Terms of Service regularly.

Last edit: 15:00:00 11-09-2008

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[quote name='Muratus del Mur' date='30 October 2009 - 07:09 PM' timestamp='1256926195' post='46146']

1. Registration
Registration and access to Magicduel is completely free. You are obligated to fill in the registration form truthfully. It is not allowed to make multiple accounts that are linked to eachother.

8. Abuse
Abuse of Magicduel is strictly prohibited, it means that no advertisement should be made for commercial purposes. It is also forbidden to use logos/images/texts and other parts of the site for purposes other than Magicduel. The abuse of exploits/bugs/hacks and other ways of cheating are also not allowed! When this is not reported and we caught you, you will be permanently banned from Magicduel.


Last edit: 15:00:00 11-09-2008
[/quote]

Multiple accounts? I'd say alter it to something like:
1. Registration
Registration and access to Magicduel is completely free. You are obligated to fill in the registration form truthfully. It is not allowed to make multiple accounts that are merely created for the benefit of one or more other account(s).

Bugtesting..hm:
8. Abuse
Abuse of Magicduel is strictly prohibited, it means that no advertisement should be made for commercial purposes. It is also forbidden to use logos/images/texts and other parts of the site for purposes other than Magicduel. The abuse of exploits/bugs/hacks and other ways of cheating are also not allowed! When this is not reported and we caught you, you will be punished accordingly, which can even range to permanent bans from Magicduel.

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I think the format is copied from another place, but when everyone uses the same format anyway, that doesnt really matter i dont think.

Seems it covers most bases, some of the language might need to be tidied, but otherwise fine i think.


Also, 12. Contact. Far as i know there is no contact form, though i dont think that's too hard to create

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  • 3 weeks later...

My laptop decided to shut down when i was in the middle of doing it previously, afterwards i forgot, here's what i've just done;

_______________________________________________________________________

Terms of Service

These Terms of Service are in force whenever you are using Magicduel. If you are 12 years or younger, we ask you to gain your parents permission before you agree to these Terms of Service.

1. Registration
Registration and access to Magicduel is completely free. You are obligated to fill in the registration form truthfully. You are not allowed to make accounts that are created merely for the benefit of one or more other account(s).

2. Rules
When you agree to these Terms and Conditions you also accept the rules that must be adhered to on Magicduel. In violations Magicduel has the right to delete profiles, texts, or images. In extreme cases you will be permanently banned from Magicduel. Although Magicduel is monitored in the observance of the rules, violations of these rules may not always be addressed directly by us.

3. Responsibility
You are responsible for your own account, for your pictures, ingame chat and profile. Magicduel is not obliged to give (virtual) stuff back. This is your own responsibility, whatever the cause may be. It is forbidden to use copyright protected texts or images on Magicduel, where found, these will be removed without notice. It is your own responsibility for the possible consequences. Magicduel is not responsible for text, images, or content of such third parties.

4. Availability
Magicduel is always doing its best to offer a good service. However, we do not guarantee that our services are always available.

5. Liability
Under no circumstances shall Magicduel be liable for any damages other than those caused in a grossly negligent or intentional way. Magicduel shall endeavor to assure a continuous accessibility of the server, however, does not assume any warranty in this respect. Magicduel is a gratuitous game without the optional functions. Therefore, Magicduel shall not assume any liability for the failure of server, for programming errors and damage caused in any other way. Magicduel employees, workers, staff members, representatives and vicarious agents, in particular in favour of the shareholders, employees, and representatives 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 Magicduel, whether the material is provided, or otherwise supplied by Magicduel or any third party.

6. Third parties
Some links on Magicduel lead to sources on servers hosted by independent third parties, over which Magicduel has no authority or control. Therefore, Magicduel takes no responsibility or liability for the material on those servers. Magicduel is not responsible for the availability of the data on those servers.

7. Paid services
Magicduel uses so-called credits. For a few additional options in the game you need to have credits. Magicduel credits are not free. Credits can be purchased with various payment methods. If you are underage you first need to gain permission from your parents and/or legal representative before purchasing credits. You always need permission from the payer of the bill before you purchase credits by telephone. Abuse of our payment system is never passed unnoticed. If you get caught abusing our payment system than you will be permanently banned from Magicduel, and we will take further steps against you. Magicduel is not liable for any errors or abuse by third parties, the person themself, or by faults or errors on Magicduel.

8. Abuse
Abuse of Magicduel is strictly prohibited, it means that no advertisement should be made for commercial purposes. It is also forbidden to use logos/images/texts and other parts of the site for purposes other than Magicduel. The abuse of exploits/bugs/hacks and other ways of cheating are also not allowed. When this is not reported and we catch you, you will be punished accordingly, which can even range to a permanent ban from Magicduel.

9. News
Magicduel tries to update/modify and/or supplement its content frequently. Despite the care and attention, it is possible that the content is incomplete and/or inaccurate. Changes can take place at any time without prior notice. Magicduel is not liable for the consequences of the changes.

10. Property
All code, design and content on Magicduel (with the exception of links, images, texts etc. from third parties) are fully owned by Magicduel. Magicduel is part of unmarked VOF (www.unmarked.ro). Nothing on Magicduel may be used without written permission.

11. Privacy
Magicduel will never abuse your information that you put on the website. On the registration form we only ask for the information that we need to identify you as a user. Magicduel will at all times honor the privacy of its users. E-mail addresses will only be used for Magicduel. These will be carefully preserved and not be provided to third parties with the exception of a sale or transfer of Magicduel or when we get a judicial order. We register all IP addresses of all our users.

12. Contact
If you have any questions, complaints, or concerns about these Terms of Service, please contact us by e-mailing [i]manu (at) magicduel (dot) com[/i]

If you do not agree to our Terms of Service you may not participate on Magicduel. Magicduel reserves the right to adjust these Terms of Service at any time with or without prior notice. Check the Terms of Service regularly.

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up? where...? [color="purple"](EDIT- ahh, linked in announcement)[/color]

the links at the bottom of the screen still lead nowhere....

and np


LE: Someone commented to me (a few mins ago) as regards several issues they have with the ToS, which for their own reasons they dont want to say themselves.

7. - There used to be/is a comment (somewhere) referring to 50% of spent credits being refunded due to a move to beta/mass reset. They would like this to still be included within the entry rather than ""The player agrees that he is not eligible for refunds under any circumstances."".

8. - They feel the paragraph;
""MagicDuel team may, at their disgression, terminate any game account with our without notice, without disclosing a reason for doing so. Under these circumstances any remaining time or services paid for will become null and void and any items on the character will be deleted.""
Shouldn't be so open-ended, that there should be a clarification that the player has to have actually done something wrong to warrant the termination of the account.

10. - They feel that this covers their in game papers, and other intelectual properties within the game, and don't like the idea of this. They would like it to be amended so that the personal papers (and such) of the user are allowed to be used elsewhere at the users discretion.

Edited by Grido
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[quote name='Grido' date='20 November 2009 - 08:49 PM' timestamp='1258742997' post='47972']
7. - There used to be/is a comment (somewhere) referring to 50% of spent credits being refunded due to a move to beta/mass reset. They would like this to still be included within the entry rather than ""The player agrees that he is not eligible for refunds under any circumstances."".
[/quote]

The 50% refund was talked about when there was a real chance will be reset once it moved to a final version. Since such a final version is no longer the case and md is under constant and perpetual development, and since i managed to move from stage to stage without any reset, that no longer stands. In case of a planed reset, which is very unlikely, i will decide then what to do with this. A unexpected reset, like due to a database error or some major bug causing massive damage may still happen, in such cases i will do whatever possible to recover any damage, but still, refund refers to cash refund and not to credits refund. I cant bind myself/MD to refund cash when all the money that comes in goes back to support the game. A credit refund is something entirely different than a cash refund.

[quote name='Grido' date='20 November 2009 - 08:49 PM' timestamp='1258742997' post='47972']
8. - They feel the paragraph;
""MagicDuel team may, at their disgression, terminate any game account with our without notice, without disclosing a reason for doing so. Under these circumstances any remaining time or services paid for will become null and void and any items on the character will be deleted.""
Shouldn't be so open-ended, that there should be a clarification that the player has to have actually done something wrong to warrant the termination of the account.
[/quote]

As you know i am always explaining such actions, and most of the time public. In fact a lot of people that did something never got baned or deleted. However, i reserve my right to remove accounts "just because i want so". Not disclosing reasons is often an excuse not to tell the involved person that he/she is under pending investigation for fraud payments, or that i received complains or official requests concerning that person and its simply better to get rid of that account asap than to follow all legal consequences of protecting it. Also in case of code issues, if for example an account gets deleted, i do not want to be responsable for that and then feel legaly obligated to restore that account. I have enough moral responsability to do what i can do best to make things right. The purpose of such a terms and conditions, in case you have not read others by now, is to act as a final legal barrier between all loonatics that might want to attack MD or me in legal ways or by using any publicly declared rules or such contracts. If i end up in a nut house with internet access and i start deleting accounts randomly, i will be covered by such a contract :D Such a disclaimer is saying in other words that its my rule or no accounts, and basicaly this is already so and i have no problem admitting that. I try to be fair and judge each situation with open heart and honest, even those who are against me directly. I can only hope i will never be forced to apply such a legal disclaimer, but that does not mean it should not be there.



[quote name='Grido' date='20 November 2009 - 08:49 PM' timestamp='1258742997' post='47972']
10. - They feel that this covers their in game papers, and other intelectual properties within the game, and don't like the idea of this. They would like it to be amended so that the personal papers (and such) of the user are allowed to be used elsewhere at the users discretion.
[/quote]


In recent argues most of you know about, i heard word such as "the work i do for the game". Just imagine...just try to imagine..if a 2 year old player at some point flips out and considers all his influences and things he ever wrote for md that they are legaly his and he wants to sue me (actualy the company now), how much trouble will be to clean up after him and make sure all his "things" are entirely deleted from allover. Without such a disclaimer, you could actualy sue MD for displaying YOUR intelectual property just because YOU posted it in your papers which are public. Once you place any content on MD server, the right to use that content belongs to MD. This doesnt mean at all that its no longer yours. Once I buy an artowrk ar literary work from you, or you donate it freely, that piece of work is MD property. If the current text means something else thatn that then i will have it reformulated. I do not wish to rob anyone of his work, but i also do not wish bad intended people to use this as a way to get revenge, and out of thousands of players some might do and once thy do they affect the entire community not just me.


So that you understand. This "contract" (because legaly its a contract) does not change anything from how md was and will be run from now on. It only puts the legal base for my inevitable dictatorship :D . The legal aspect of MD has to keep up with the evolution of MD. For example MD was run as a private person by me untill now, now its a company (MagicDuel Aventure LLC) ..is there any difference? of course not, not from your point of view. From a legal point of view there is a difference however. People (new ppl) will see it as something more serious and official and not just a madman working behind his screens and a bunch of enthusiast ppl helping out.

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7 - Adding some of that explanation i think would satisfy the open-endedness.
"..If an expected or unexpected reset occurs, Magicduel will aim to reimburse the users account with game credits totalling to 50% of bought credits."
That way game credits are clearly being specified and the people are happy they get some credits back.


8 - I can't think of a way to phrase it to allow you still to delete random accounts at will, but from what i know of you you're not likely to do something without a reason, so putting something like;
"MagicDuel team may, at their discression, terminate any game account with or without notice, without disclosing a reason for doing so. Under circumstances of termination of the account, the user will have in all cases performed an action against the Rules or Terms of Service of the game. Under these circumstances any remaining time or services paid for will become null and void and any items on the character will be deleted.
If an account is accidently deleted or removed, Magicduel is under no obligation to restore said account, Magicduel will however aim for such to happen."
But then if you want the ability to remove accounts at will and without a reason, don't bother with this bit, otherwise i think it covers your other concerns over the clause.
(If you're in a looney bin then you're not acting of a sound mind so the ToS would be overturned :D )


10 - The worry the person has is that as it stands, it makes it out that Magicduel owns all rights to the material, and the player has none ""nothing on Magicduel may be used without written permission."" My suggestion would be to add something like;

"In addition to this, any material produced for (but not sold to) Magicduel, belongs to the user (who produced said material) and can be used elsewhere at their discretion. Magicduel retains all rights to continue to use this material within the confines of the site."




I'm just trying to cover any holes there are, to save difficulty in the future of whatever kind :D
btw, Is MD officially LLC now, or just calling yourself it?

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Yeah MD is officialy a LLC, since 6 Nov this year. :D ..should i announce it? ..some papers are still in work, but yeah its official.

regarding the terms, some of the things you wrote there sound good and i will change them, some will remain the same. I am sorry to say but such terms are only created in the advantage of the one asking you to agree to them. Like i said, with or without it, i wont change the way i handle issues or players. Even with such terms, the reality is that anyone will do what they want, both me and the players. Its also a reality that for me MD is a personal thing an i will never bind my own hands in it, or bow in front any loonatic with pretentions.
If i want to take my toys and leave one day , i will do so. If i want to remove a player from md i will do so , with or without terms, explanations and such, and thats the truth. I am so arrogant right now, because this is what happens in any place with such terms you just dont have the opportunity to ask the dude pulling the strings there about it, like you do with me, you just sign/agree to it and move on.

HAVE YOU EVER READ THE EULA FROM MICROSOFT?

so be serious, if you think i will use this against _my_ players you forget that the players are i look for. I will use it as defence not as offence, for offence there is always the delete button.

Its funny, it makes me sad to read all that myself, i realise what things someone has to put up in front "just in case", make me remember what kind of world we live in.

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lol, awesome :D and i'd announce it when the papers come through and it's finalised :D


lol can't say i ever have read that :D
I really should, probably has some "By signing this you sell your soul to the devil" clause in it.


I'm aware of that :), but curtailing other peoples thoughts by putting all that in there is one of those "on the off-chance" things.

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