TERMS AND CONDITIONS

Definitions
"Fallen Evolution" is used as shorthand for the Fallen Evolution game client and the Fallen Evolution website.

References to "Stopping" or to "Stop" an account includes temporarily or permanently banning or muting an account. If your account is muted, you can continue to play but will not be able to use free text chat. If your account is banned, you will not be able to access your account and any licenses previously granted to you to use Fallen Evolution will be revoked. This means you will lose your account, characters and any in-game items or currency. Membership credit continues to expire if accounts are muted or banned.

"User Content" means all information of any kind (including text, images, video, information and messages) uploaded or sent by users on or in connection with Fallen Evolution.

Applicability of the terms and conditions

Please read these terms and conditions carefully. Your accepting them in full is a condition of your use of Fallen Evolution. If you don't agree with any part, please do not use Fallen Evolution.

If you have any questions about these terms and conditions, please contact us via email at [email protected] and do not use the site until you are satisfied with and can accept these terms and conditions in full.

Changes to the terms and conditions

We may change these terms and conditions to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations to Fallen Evolution; and (e) to improve clarity and consistency.

Please check the terms and conditions whenever you use Fallen Evolution.

Safety and abuse

Before using Fallen Evolution you should read Heath and Safety information and Safety and Security information. Parents of those under 18 should also review this information.

We are under no obligation to (and do not) monitor User Content. You should be aware of the potential risks of using a service which includes extensive User Content. User Content may be inaccurate, out of date or otherwise inappropriate. We cannot guarantee that users will comply with our terms and conditions, rules or otherwise behave appropriately. You should not assume that a person is who he or she claims to be. In your own interests, you should not attempt to contact any other user outside Fallen Evolution.

If you are the victim of offensive or inappropriate behaviour or receive any other unwanted communications, you should use the built-in blocking facilities to block the messages. You should report all inappropriate behaviour to us via a support ticket as well as seeking appropriate external help, for example from parents or law enforcement authorities. If you continue to suffer problems, or are not satisfied, then you must stop using Fallen Evolution.

Your account and license

To use many features of Fallen Evolution, we require you to create an account and, in relation to Fallen Evolution, download client software. We grant valid account holders a non-exclusive, non-transferable, personal, limited license, which can be revoked at any time, for the period of membership to use Fallen Evolution, to download and use our client software and to connect to our servers solely to use Fallen Evolution in accordance with these terms and conditions. Fallen Evolution and any associated software are licensed, not sold. Your license confers no title or ownership to Fallen Evolution or the software.

You must not choose a username that infringes the rights of any third party, impersonates Fallen Evolution staff or other users, which is deliberately confusing, offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or which breaches the username requirements specified on our site or in our Rules. We reserve the right to make such assessment in our sole discretion, change any username for any reason or take such other action as we believe appropriate.

You agree to keep your password safe at all times and not to disclose it to any other person. You are responsible for the activities of all persons who use your password to gain access to your account. To help ensure the safety of your password, you must keep your computer free of viruses and other malicious code including Trojans. You must use your password in accordance with the password requirements specified on our site and our Rules.

If you believe that someone has stolen your password or otherwise gained access to your account, you should submit an Account Recovery request via the Account Recovery link on the website of Fallen Evolution and see our password guidance.

Intellectual property rights and ownership

This is a legal agreement between you (either an individual or an entity), the end user, and Fallen Evolution regarding use of this software. By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use this Software. This license agreement applies to Fallen Evolution that may be downloaded from www.fallen-evolution.com or any other authorised site. This Software is provided to you free of charge. The Software or any other materials provided in this package may not be modified in any way. You may NOT upload the software to a freeware or shareware site without first receiving written permission from Fallen Evolution. Also no parts of The Software or other files provided in this package may be reproduced in part or in whole. You may not reverse engineer, decompile, or disassemble this software product.

Fallen Evolution expressly disclaims any warranty for this software. The Software is provided "AS IS". You agree that by accepting this license, you are expressly acknowledging that the use of this software is AT YOUR OWN RISK. Any harm or damage to your system by running this software will also be for your own risk. We do not ensure continuous, uninterrupted, reliable, error-free, secure operation of the Software, the Game or your Account.

Materials (including without limit all information, software, data, text, photographs, graphics, sound and video) placed on Fallen Evolution by us or on our behalf are protected by copyright and other intellectual property rights of ourselves or our business partners/suppliers/advertisers or licensors. You may not use these materials or Fallen Evolution except in accordance with these terms and conditions and for personal (i.e. non-commercial) use only.

All intellectual property or other rights in any game character, account, content, virtual currency and virtual items in Fallen Evolution are and will remain the property of Elevations Productions and/or its licensors. You are only granted limited permission (which can be revoked at anytime) to use such content or Fallen Evolution, subject to and in accordance with these Terms and Conditions. The license granted herein confers no title or ownership in Fallen Evolution or account and should not be construed as a sale of any rights to Fallen Evolution.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN FALLEN EVOLUTION, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ELEVATIONS PRODUCTIONS.

Fallen Evolution does not recognise any purported: (a) transfers of virtual items which take place outside the rules of Fallen Evolution; (b) transfers of accounts or virtual currency; or (c) sale, gift or trade in the real world of anything that appears or originates in Fallen Evolution.

Fallen Evolution reserves the right to stop offering Fallen Evolution or a particular part of Fallen Evolution at any time either permanently or temporarily, at which point any license granted to you to use Fallen Evolution or a part thereof will be automatically terminated or suspended. In such event, Fallen Evolution shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of Fallen Evolution.

Rules

You must comply with the current version of any rules, guidelines, codes of conduct or instructions specified in Fallen Evolution including our game rules, the current version of which is linked to here. Any use of Fallen Evolution not in accordance with the game rules exceeds the scope of the license granted by these terms and conditions and is prohibited.

User Content

You will comply with and be bound by our policies relating to User Content, including our content standards policy below.

We reserve the right without notice or refund to record, suspend, remove or delete User Content or to disclose to the relevant authorities any User Content if: (a) it is the subject of a complaint; (b) if we consider that it breaches our terms and conditions (including our content standards policy); (c) if we consider that such steps are necessary to protect us or others; (d) a criminal act or civil wrong has been committed; or (e) we are required to do so by law or an appropriate authority.

Content standards policy

This content standards policy sets out our requirements which apply to your User Content. This policy applies in addition to web page specific User Content policies, such as any policies on forum posts, in-game chat and private messaging or other policies on our websites from time to time.

In addition to agreeing to comply with the letter of this policy, you also undertake to comply with the spirit behind it. You must not encourage or assist any other user to breach this policy. You are solely responsible for your User Content including any User Content you place on any wiki or forum.

User Content:
Must:
  • be accurate, complete, uploaded or sent in good faith and compliant with all applicable laws, regulations and codes of conduct; and
  • only be uploaded or sent if you own the rights in such content, have appropriate permission from the rights owner, or are otherwise authorized by law.
Must Not:
  • be obscene, hateful, inflammatory, threatening, harassing, sexually explicit or deceptive or fraudulent in anyway;
  • promote violence or discrimination, promote or endorse any illegal activity or otherwise be objectionable;
  • be defamatory or an invasion of an individual's right to privacy;
  • infringe the intellectual property or other rights of any third party, including copyrights, trade marks, database rights, any rights of confidentiality or any similar rights;
  • attempt to or purport to impersonate any person or misrepresent your identity, affiliation or connection to any other person;
  • include hyperlinks or connections to third party websites;
  • contain viruses, Trojans, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software, hardware or network;
  • reveal details that enable you or anyone else to be identified or contacted outside of the game (e.g. last name, postal/email address or telephone number);
  • have any commercial purpose; and
  • involve junk mail, spam, pyramid selling or similar schemes.


Fallen Evolution Stopping your account

If, acting reasonably, we consider that:
  • our Terms and Conditions have or may have been breached;
  • there has been fraudulent, unlawful or abusive activity; or
  • it is necessary in order to prevent or stop any harm or damage to us, to Fallen Evolution, to other players or the general public, we may at any time: (i) Stop (as defined above) any or all accounts for Fallen Evolution; (ii) restrict access to any content-uploading or other feature of our service; and/or (iii) restrict access to or delete virtual currency or anything acquired by means of virtual currency. These actions may result in loss of real money paid in prohibited transactions, such as account trading. If we take any of the above action, you may have a right of appeal.

We do not guarantee the ongoing supply of Fallen Evolution. Upon reasonable notice to you, Fallen Evolution may deactivate any account and you acknowledge and agree that you are not entitled to any refund for any amounts paid in connection with the account.

Refund policy

We are happy to review requests for refunds on a case by case basis. However, refunds are not always possible to give for many reasons.

Unless required by law, we will not refund any amounts paid in relation to subscriptions, in-game activities, virtual items or virtual currency when:
  • You have been the victim of in-game scamming, as there are many warnings about avoiding this on Fallen Evolution (however, we will do everything we reasonably can to assist you to recover your accounts).
  • You have been banned from Fallen Evolution for violating these terms and conditions, any Rules of Fallen Evolution or the user content policy.
  • Elevations Productions stops offering Fallen Evolution or you decide to cancel your subscription or account.

If, after reading the above, you wish to request that we consider a refund, then please contact Fallen Evolution Support for assistance, providing as much information as possible. Please note, refunds are given at the discretion of Fallen Evolution.

Privacy policy and data protection policy

The terms of the Privacy Policy and Data Protection Policy are incorporated into this document by reference. For a description of how we use your personal data, please see our Privacy Policy.

Third party sites and technologies

Fallen Evolution may include links to internet sites or other technologies supplied by third parties including sites/technologies which enable you to pay by means of payment methods provided by third parties. We make no promises about those sites or their content, products or services as these are outside our reasonable control.

Any third party sites or technologies suggested are not endorsed, controlled or verified by Fallen Evolution. Fallen Evolution does not guarantee that any suggested technologies will work on your computer or be virus free. Any suggestions made are not a warranty of any kind and Fallen Evolution is not responsible for any disruption, problem, damage, data loss, cost or inconvenience caused by the suggested sites or technologies. Fallen Evolution will not provide support for any sites or technologies which are not its own. Fallen Evolution exercises no control over the copyright, patent or trademark compliance or legality of the suggested sites or technologies.

OUR AND YOUR LEGAL RESPONSIBILITY

WE DO NOT ACCEPT LEGAL RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY US OR OUR EMPLOYEES OR AGENTS IN CIRCUMSTANCES WHERE (A) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US OR BY ANY OF OUR EMPLOYEES OR AGENTS; (B) SUCH LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR (C) SUCH LOSS OR DAMAGE RELATES TO A BUSINESS. YOU AGREE TO WAIVE ANY LEGAL DUTY OF CARE OWED TO YOU BY FALLEN EVOLUTION, TO THE MAXIMUM EXTENT ALLOWED BY LAW.

YOU WILL BE LIABLE FOR ANY LOSS OR DAMAGE WE SUFFER ARISING FROM YOUR BREACH OF THIS AGREEMENT OR MISUSE OF FALLEN EVOLUTION.