This document is intended for the players of FusionFall as a rulebook for behavior within the game as described below. Think of it as the laws that govern the FusionFall world. Please read this Code of Conduct (the "Code") carefully before using the game FusionFall, and any related community features, including without limitation any chat, instant messaging, message boards, neighborhoods, guilds, fan sites, forums or challenge functions relating to the game (collectively, the "Game"). By using the Game, you signify your agreement with the Code. If you do not agree with any aspect of the Code, do not play or use the Game. The Cartoon Network, Inc. ("TCN," "we" or "our") reserves the right, in our sole discretion, to modify, alter or otherwise update the Code when we deem appropriate and in the best interest of the smooth operation and enjoyment of the Game. Changes and/or modifications shall become effective ten (10) business days after posting ("Effective Change Date"). The Code cannot be changed orally.
The then-current version of the Code can be found at http://www.fusionfall.com/legal/codeofconduct.html. Please review this Code periodically. Your continued use of the Game following the Effective Change Date will constitute your acceptance of any changes to the Code. We also reserve the right to suspend or end operations or access to the Game, or any portions of the Game, when we deem it necessary. IN THE EVENT SUCH OPERATIONS ARE SUSPENDED OR ENDED, YOU MAY LOSE ACCESS TO CHARACTERS, ITEMS, OR OTHER DATA STORED BY OUR SERVERS, WHICH, IN ANY EVENT ARE TCN'S PROPERTY.
Your use of the website hosting the Game is also subject to TCN's Terms of Use, which can be found at http://www.fusionfall.com/legal/terms.html. In the event there is a conflict between the provisions of this Code and the Terms of Use, the provisions of this Code will prevail in that instance. TCN has final say over what constitutes a violation of the Terms of Use or the Code. SERIOUS OR REPEATED VIOLATIONS OF THE CODE MAY RESULT IN YOU BEING BARRED FROM THE GAME.
1. Community Conduct. The Game is designed to be a fun experience and is to be used strictly for individual entertainment purposes. While playing the Game, you must respect the rights of others and their rights to play and enjoy the Game. These are basic guidelines that everyone must follow and will be enforced by TCN. TCN is committed to fair and equal treatment of all Game players. TCN reserves the right, but not the obligation, to investigate and take appropriate action in its sole discretion against anyone who we believe has violated the Code, including without limitation, suspending or terminating the membership of such violators, their right to access and play the Game, and/or their use of certain features in the Game. Certain violations of the Code may, at TCN's sole discretion, result in the immediate termination of a player's account, with no advance notice required, and other actions which we may determine are necessary.
You agree not to use the Game in any way that violates the rights of others (including, but not limited to, copyrights and other intellectual property rights, and rights of privacy and publicity), that is inconsistent with community standards, or in any way that may give rise to liability for TCN, its affiliates, or its or their respective directors, officers, employees, agents, providers, suppliers or licensors, including, without limitation, by creating, displaying or transmitting on or through the Game any content that may violate such rights of others or that may give rise to such liability.
(a) The following are examples of the types of content or use that are prohibited under the Code:
(b) Any access to, or use of, the Game or the computer systems used to provide the Game that is not in accordance with the express provisions of the Code is expressly unauthorized and prohibited. You must use the Game in a manner consistent with any and all applicable laws and regulations.
(c) You may not engage in advertising to, or solicitation of, other Game players through the Game to buy or sell any unauthorized products or services. It is also a violation of the Code to use any information obtained from the Game in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Game without their prior explicit consent. In order to protect Game players from unwarranted advertising or solicitation, TCN reserves the right to restrict the number of messages which a Game player may send to other Game players in a given time period to a number which TCN deems appropriate in its sole discretion.
(d) You may not impersonate any TCN employees or agents, customer service personnel, group leaders or administrators, any in-Game characters, or other Game players, and you may not give false information or intentionally hide any information when registering to play the Game.
(e) You may not modify any part of the Game. You may not attempt to interfere with, hack into, or decipher any transmissions to or from the clients and servers running the Game, nor may you use any game hacking, altering, or cheating tools. You may not use any automated scripting or "macroing" tools or software without TCN's prior consent. You may not attempt to avoid or manipulate the "speed chat" menu-based chat system, dictionary chat system, free chat system, or any other chat system that is used for in-Game chats. You expressly understand that you may not reverse engineer, disassemble or decompile or attempt to reverse engineer or derive code from any information accessible through the Game (including, without limitation, data packets transmitted to and from the Game over the Internet), or analyze, decipher, "sniff", derive code from, or attempt to analyze, decipher, "sniff", or derive code from any packet stream transmitted to or from the Game, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute "Fair Use" or are for "interoperability purposes" under the Digital Millennium Copyright Act.
(f) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Game, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TCN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers in connection with the Game.
(g) You understand and accept that it is possible that other Game players or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Game and that you may be involuntarily exposed to such offensive and obscene materials. You understand and accept that it may also be possible for others to obtain personal information about you due to your use of the Game, and that the recipient may use such information to harass or injure you. TCN does not approve of such unauthorized uses, but by using the Game you acknowledge and agree that TCN is not responsible for the use of any personal information that you publicly disclose or share with others in connection with the Game. You understand and agree that it is a violation of the Code to disclose personally identifiable information about yourself or others, including, without limitation, names, phone numbers, street addresses, e-mail addresses, and social security numbers. Please carefully select the type of information that you publicly disclose or share with others in connection with the Game.
(h) TCN reserves the right, but has no obligation, to monitor communications and any disputes between you and other Game players, to remove or edit any material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of the Code, or to terminate community privileges in appropriate circumstances. Notwithstanding this right of TCN, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU TRANSMIT IN THE PUBLIC AREAS OF THE GAME AND IN YOUR PRIVATE MESSAGES TO OTHER INDIVIDUALS ON THE GAME. If you would like to report conduct you believe is in violation of the Code, go to TCN's online feedback section at http://www.fusionfall.com/contact/index.html. Keep in mind that reporting conduct as a violation does not mean it constitutes a violation, or that TCN must or will take any action against such conduct or the user engaging in such conduct. In the event TCN does take action against any reported conduct, it has no obligation to inform the person or persons reporting such conduct. Finally, it is a violation of the Code to knowingly make a false report against another user, or to use the reporting process to harass or intimidate a user, or to encourage others to do so.
2. Proprietary Rights in Content in the Game. The Game and all Game elements, including but not limited to characters, logos, graphics, illustrations, text, images, audio, video and software, are protected by U.S. and international copyright, trademark and other intellectual property laws and are owned and controlled by TCN or other parties that have licensed their material to TCN. No material, including but not limited to the characters, logos, graphics, illustrations, text, images, audio and video, and no software, including but not limited to images or files incorporated in or generated by the software or data accompanying such software (individually and collectively the "Materials"), may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, unless the Material is in the public domain or you have obtained TCN's prior written permission and maintain all legal notices intact or as provided by TCN. Modification of the Materials or use of the Materials in whole or in part for any non-approved purpose is a violation of TCN's or such other sources' copyright, trademark and other proprietary rights.
3. User Content. You are responsible for any content, notes, messages, e-mails, opinions, ideas, photos, images, videos, profiles, audio files or other materials or information that you create, transmit or display on or through the Game, or that is created, transmitted or displayed via your account or sub-accounts (collectively, "User Content"). By transmitting or displaying User Content on or through the Game, you agree that such User Content will become the property of TCN throughout the universe. You agree that TCN may review, edit and delete any User Content which, in its sole judgment, violates this Code. TCN shall be entitled to, consistent with our Privacy Policy, use the User Content or any of its elements for any type of use forever, including promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include User Content you provide. You agree that any User Content you post may be used by TCN, consistent with our Privacy Policy, and you are not entitled to any payment or other compensation for such use.
4. Unsolicited Creative Submissions/Communications. TCN does not accept or consider creative ideas, suggestions or materials other than those TCN has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by TCN or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any creative materials, suggestions, ideas, notes, drawings, concepts, including, without limitation, ideas or descriptions of how the Game, plot, or characters could be enhanced or further developed, (collectively, the "Information"), the Information shall be deemed "User Content," will be subject to Paragraph 3 above, and shall remain the property of TCN. None of the Information shall be subject to any obligation of confidence on the part of TCN, and TCN shall not be liable for any use or disclosure of any Information. TCN shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
5. Naming Policy. When selecting a character, or object name for use in connection with the Game, you must abide by the Naming Policy set forth below (and in the event TCN changes it, you will abide by all changes after it is posted here). You must use your best judgment to avoid gray areas.
(a) Names may not be offensive, sexually explicit, vulgar, racist, hateful, obscene, or defamatory or include any language that is offensive in nature (including common swear words, names concerned with anatomical references, and intentional misspellings, anagrams, combinations, and homonyms of these words).
(b) Names may not be used that harass or damage the reputation of another player, group of players, or TCN's employees or agents.
(c) Names may not be a name or handle of any TCN's employees or agents.
(d) Names may not be used to pose as an authority figure in the Game (for example, names can not include words like operator, official, director, etc.).
(e) Names may not include the words "FusionFall," "Fuse" or "Fusion" or the names of any TCN programs, characters or elements.
(f) Names may not include any reference to copyrighted or trademarked names, materials or products.
(g) Names may not derive from popular culture or media references.
(h) Names may not be religiously or historically sensitive.
(i) Names may not be proper names of an area or a non-player character within the Game.
(j) Names may not contain a phrase, sentence, or any fragment of a sentence.
(k) Names may not include any telephone numbers, credit card numbers, social security numbers, street addresses, or email/instant message addresses.
(l) Names may not include any real full names (for example, John Smith) or real last names (for example, Smith).
(m) Names may not use misspellings or alternative spellings of names that violate any of the rules above.
If you violate any part of the above Naming Policy, you may be given a new name by one of our staff and you may be issued a warning on your account. Repeated violations may lead to suspension or termination of your right to access and play the Game and/or your account. TCN reserves the right to reject or change any name for any reason in its sole discretion.
6. Privacy. Use of the Game is governed by our Privacy Statement which can be located at the home page of www.FusionFall.com. Messages sent between you and other Game players that are not readily accessible to the general public may be monitored by TCN representatives, may not be considered confidential and will be treated as private by TCN only to the extent required by applicable law (if at all). Subject to TCN's Privacy Statement, you understand and agree that TCN has the right at all times to disclose the identity of the persons providing information or materials on the Game. This may include, without limitation, disclosure of information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
7. Sponsors and Advertisers. Some activities within the Game may be sponsored by third parties ("our Sponsors"), and some in-Game items may be acquired by participating in promotions of our Sponsors. Unless otherwise specified, our Sponsors are not affiliated with TCN, and TCN neither endorses any products sold by our Sponsors or guarantees the performance or suitability of those products. TCN is not responsible for any promotion or contest being conducted by any of our Sponsors that is not directly accessible as part of the Game. You agree not to interfere with or attempt to circumvent any requirement of a Sponsor promotion, such as the purchase of a product in order to obtain promotional codes which may be exchanged in-Game for items. You further agree to not take any action that attempts to avoid, hide, modify, or delete any advertising within the Game.
8. In-Game Currency, Items and Objects. In FusionFall, players may accumulate in-Game currency that may be redeemed for items within the Game. This in-Game currency and elements of the Game such as items, objects and characters (including their attributes, experience, and possessions) have no value outside of the Game. You have no ownership interest in this in-Game currency or in any of these in-Game elements, and when your account is terminated, you will lose all of your in-Game currency and in-Game elements. You agree that you will not transfer, sell or auction, or offer to transfer, sell or auction, or buy or accept any offer to transfer, sell or auction, any Game content, including without limitation characters, character attributes, experience and possessions, currency, items and objects, or encourage or induce any other Game player to participate in such a prohibited transaction. The buying, selling, or auctioning of any such Game content whether through online auctions (for example ebay), newsgroups or postings on message boards, and/or any offer or attempt to do so, constitutes a violation of this Code. In addition to violating the Code, this would constitute an unauthorized modification of proprietary Game content and the data comprising the accounts involved in the transaction and a violation of TCN's intellectual property rights. Moreover, engaging in any such prohibited conduct may also constitute misappropriation and/or tortious interference with our business and/or contracts, false designation of origin, endorsement or sponsorship of such trafficking, and tarnishment of the goodwill in the FusionFall name.
9. Premium Offerings. TCN reserves the right in the future to offer premium Game items for sale. These premium items may be available for purchase with real currency (as distinguished from in-Game currency). If you choose to purchase such items, you (or your parent if you are a minor) will be required to enter into a separate agreement with TCN and supply TCN with additional information (including valid credit card information) in order to process the transaction.
10. Account Security Policy. All account security is your responsibility. This includes hacking protection, password protection, virus protection, and anything else that has to do with computer or account security. If you believe that your account security has been compromised, please go to TCN's online feedback section at http://www.fusionfall.com/contact/index.html. If an account has been stolen, hacked, or in any other way compromised, we may suspend the account while we investigate. We apologize for any inconvenience that this may cause, and we will complete the investigation in as timely a manner as possible. Once our investigation is complete, we will determine the appropriate course of action. If we find someone who is involved with hacking or theft of accounts, we will ban all of their accounts.
11. Item Replacement Policy. TCN will not routinely replace in-Game currency or in-Game content lost for any reason. In some cases, we may investigate loses that are due to verified Game anomalies or bugs and determine if we can make replacements in such extraordinary circumstances. However, you agree that the time you spend playing the Game is being done only for your entertainment purposes and that you claim no interest in the value of any in-Game currency or other in-Game content that your character accumulates during Game play, and you further agree that you are not entitled to any such replacements.
12. What to expect from Customer Support. During beta testing of the Game, TCN will not be obligated to provide you with customer support. However, TCN may provide limited customer support, and if so, the following is what you can expect. This list is by no means all inclusive, but is intended to provide a general understanding of what can be expected from customer support during beta testing.
13. Disciplinary Policy. It is TCN's intent to provide a game that everyone can enjoy without the intrusion of our employees. However, there may be times when issues arise that involve violations of the Code. When this happens, our customer service staff will investigate each incident, ensuring that we are fair and equitable in our dealings with everyone involved. Depending on the severity of the violation and the player's past history, we may take the following actions after our investigation.
14. Posting Date. This Code was last updated and posted on this website on November 29, 2007.