Return to Start Page
IMPORTANT: Please read this License and Agreement ("Agreement")
carefully before signing up to play The 3DO Company's MERIDIAN
59
on-line game (the "Game"). By indicating "AGREE"
at the end of this Agreement you indicate that you agree to be
bound by the terms and conditions of this Agreement. If you do
not agree to be bound by its provisions, please do not continue
with your registration and promptly return your Game CD to its
place of purchase. By indicating "AGREE" you are also
representing that you are at least 18 years of age and that you
are authorized to use the credit card number that you supply to
The 3DO Company ("3DO"), or its representative, when
you register to play the Game.
LICENSE: 3DO grants to you a limited, non-exclusive license
to use the Game pursuant to the terms and conditions contained
in this Agreement.
GENERAL:
1. You agree to use the Game CD-ROM solely for the purpose of accessing and playing the Game via a Game server authorized and/or assigned by 3DO.
2. You acknowledge that the Game contains trade secrets, copyrighted works and other proprietary materials of 3DO. You further agree not to make any unauthorized copies of the Game or to decompile, reverse engineer or, in any other manner, disassemble or modify the Game.
3. You will not attempt (nor will you assist a third party to attempt) to "hack", access or monitor any 3DO Internet computing facility (e.g. Game server) by any means other than those approved in writing by 3DO; for example, you will not attempt to access or monitor a Game server not assigned to you, nor will you attempt to access or monitor any 3DO account other than your own. The only approved method of accessing a 3DO Game server is via an unmodified copy of the Game as distributed by or for 3DO.
PAYMENT: You represent that you are at least 18 years
old, that you are legally able to enter into this Agreement and
that you are the authorized user of the credit card provided to
3DO to register you to play the Game. You agree to be responsible
for and to pay for all activities conducted through your account
and for all charges incurred with respect to your account in accordance
with the current Game rate schedule then in effect. Upon an on-line
published notice, 3DO retains the right, at its sole discretion,
and without prior notice, to modify this Agreement, the fees paid
by you, and any portion of the Game. Each time you play the Game,
you agree and reaffirm that 3DO is authorized to charge your credit
card. You agree that 3DO may either accumulate charges or submit
multiple charges during each billing cycle. You agree to promptly
notify 3DO of any changes to your credit card account number,
its expiration date, and/or your billing address, and you agree
to promptly notify 3DO if your card expires or is canceled for
any reason.
PARENTAL GUIDANCE AND USE: The Game has been given a
"TEEN" rating which means that parents may feel it is
inappropriate for pre-teen players. In addition, while 3DO may,
in its sole discretion, choose to act upon inappropriate use of
"chat", game play and URL links within the Game, it
is always possible that, at any time, there may be language or
other material parents may deem inappropriate for their children.
Multiple members of the same household may share a single password
and character. You understand that 3DO has expressed its rules
in this Agreement regarding appropriate game play; however, 3DO
cannot guarantee that other Game players will not provide content
or access to content that parents or guardians may find objectionable.
3DO does not, as a matter of policy, screen or "police"
the content of the materials or communications transmitted by
each Game player.
APPROPRIATE GAME PLAY: You agree not to take any action
or pass any communication, either in or through the Game, that
interferes with another Game player's ability to enjoyably play
the Game and/or which 3DO, in its sole discretion, deems abusive,
profane, obscene or offensive. Without limiting the generality
of the foregoing, examples of unacceptable behavior would include
harassment of another player, inappropriate language, excessive
player killing, unwanted e-mail communications, or the impersonation
of a 3DO employee or Game Guardian. You understand that you have
NO EXPECTATION OF PRIVACY regarding the communications made by
you in the Game and that all communications made by, or received
from, you may be monitored by 3DO or its representatives. You
also agree not to engage in any communication, without 3DO's prior
written consent, that might be deemed to contain any advertising,
promotion, or other solicitation of goods or services for commercial
purposes or that could be deemed disparaging to the Game, 3DO
or any of its business. You further agree to accept 3DO's actions
for any behavior engaged in by you and all individuals using your
account.
LOSS OF ACCOUNT: In the event 3DO is made aware through
its own resources, or through information provided by another
Game player, that you engaged in inappropriate game play, then
3DO shall have the right, but not the obligation, in its sole
discretion, to take one or all of the following actions: issue
a warning, turn off your chat ability, put your character in a
"time out" room that prohibits Game play, prohibit your
ability to send internal or external Game mail, block use of your
account for some period of time, and/or close your account and
refuse your registration. 3DO reserves the right, in its sole
discretion, to edit or delete any information, communication,
URL link or any other material, regardless of whether it violates
3DO's appropriate Game play standards.
WARRANTIES AND LIMITED LIABILITY: EXCEPT FOR THE LIMITED
EXPRESS WARRANTY CONTAINED HEREIN, YOU EXPRESSLY AGREE THAT USE
OF THE GAME, GAME SOFTWARE, E-MAIL, BROADCAST, URL ACCESS SERVICES,
AND INTERNET ARE AT YOUR OWN RISK. IN ADDITION, ALL OTHER REPRESENTATIONS,
WARRANTIES, CONDITIONS, TERMS OR OTHER OBLIGATIONS, EITHER EXPRESSED
OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE,
FOR THE GAME ARE EXCLUDED, UNLESS SUCH WARRANTIES ARE LEGALLY
INCAPABLE OF EXCLUSION.
3DO'S ENTIRE LIABILITY AND THE ORIGINAL CONSUMER PURCHASER'S
EXCLUSIVE REMEDY FOR ANY BREACH OF ANY WARRANTY (EXPRESS OR IMPLIED)
SHALL BE, AT 3DO'S OPTION, EITHER: (A) TO REPLACE THE GAME, FREE
OF CHARGE, OR (B) TO RETURN TO THE ORIGINAL CONSUMER PURCHASER
THE PRICE PAID FOR THE GAME. THE PRECEDING WARRANTY SHALL NOT
BE APPLICABLE AND 3DO SHALL NOT BE OBLIGATED TO REPLACE THE GAME
OR TO RETURN TO THE ORIGINAL CONSUMER PURCHASER THE PRICE PAID
FOR THE GAME UNLESS THE GAME IS RETURNED WITHIN THE 90-DAY WARRANTY
PERIOD, POSTAGE PRE-PAID WITH PROOF OF PURCHASE TO THE 3DO COMPANY,
525 CHESAPEAKE DRIVE, REDWOOD CITY, CA 94063, ATTN.: RMA DEPT.
IF THE GAME WAS PURCHASED IN THE UNITED STATES OR CANADA; AND
RETURNED TO THE PLACE OF PURCHASE IF THE GAME WAS PURCHASED OUTSIDE
OF THE UNITED STATES OR CANADA. THE PRECEDING WARRANTY SHALL
BE VOID IF ANY DEFECT IN THIS 3DO SOFTWARE PRODUCT ARISES THROUGH
ACCIDENT, NEGLIGENCE, USE IN ANY APPLICATION FOR WHICH THE GAME
WAS NOT DESIGNED OR INTENDED, ANY CAUSE EXTERNAL TO THE PRODUCT
(E.G., HEAT), OR BY ANY OTHER CAUSE UNRELATED TO DEFECTIVE MATERIALS
OR WORKMANSHIP.
3DO NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON OR ENTITY
TO ASSUME FOR 3DO (OR ANY RELATED OR AFFILIATED ENTITY) ANY OTHER
LIABILITY IN CONNECTION WITH THE GAME. IN NO EVENT WILL 3DO BE
LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL (INCLUDING LOSS OF PROFITS),
OR SPECIAL DAMAGES FOR ANY LOSS OF DATA RESULTING FROM THE PURCHASE,
POSSESSION, USE OF OR INABILITY TO USE THE GAME, EVEN IF 3DO HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN ANY
EVENT, 3DO'S ENTIRE LIABILITY TO THE ORIGINAL CONSUMER PURCHASER
SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE 3DO SOFTWARE
PRODUCT. NOTHING IN THIS WARRANTY SHALL LIMIT 3DO'S LIABILITY
FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION
OF LIABILITY MAY NOT APPLY TO YOU, AND IS LIMITED TO THE EXTENT
PERMITTED BY LAW.
YOUR INDEMNITY: Upon request by 3DO, you agree to indemnify
and hold 3DO and its affiliated companies and licensees harmless,
and, at 3DO's request, defend 3DO and its affiliated companies
and licensees from all claims, losses, liabilities, damages, costs
and expenses, (including reasonable attorneys' fees and related
costs) arising from breach of this Agreement, by use of the Game,
or in connection with any transmission or other action taken by
or through your Game account of any content, information or other
communication. 3DO reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise
subject to this indemnification.
TERMINATION/CANCELLATION: 3DO may terminate your account
at any time, with or without cause. If you wish to cancel your
account, please follow the steps set forth on 3DO's Internet home
page. Cancelations will be processed in a commercially reasonable
manner. The monthly service charge, if any, (or pro rata portion)
will not be refunded to you if your account in terminated by 3DO
for any reason, or if it is canceled by you.
APPLICABLE LAW: To the extent there is any conflict between
this Agreement and any other agreement between you and 3DO, this
Agreement will control. Should any part of this Agreement be
held invalid, such invalidity shall not affect the validity of
the remaining potions of the Agreement. This Agreement shall
be governed by the laws of the State of California, excluding
that body of law relating to choice of laws, and of the United
States of America. Any cause of action you might bring against
3DO must be instituted within one year after the claim or cause
of action has arisen or be barred and must be brought, if in state
court, in Santa Clara County or San Francisco County, and, if
Federal court, in the Northern District of California.