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Question about the terms of service.


zorghy

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Hi! I would like a better explanation about the terms of service added for using pokemmo software on pc, and i imagine not just i would like to know. I think it's important to explain these things out more clearly for all game users:

 

4. ACCOUNT SUSPENSION/DELETION

PokeMMO may suspend, modify, or delete any Account related to PokeMMO's Services at any time for any reason, or no reason, with or without notice to You, for any amount of time. For purposes of explanation, most account suspensions and modifications are the result of violation(s) with this Terms of Service.

6. CONSENT TO MONITOR

You hereby acknowledge and agree that:

  1. When running, the Game Client may monitor your computer's Random Access Memory ("RAM") for unauthorized third party programs running concurrently with the Game Client. An "unauthorized third party program" is defined as any third-party software prohibited by the PokeMMO Terms of Service. In the event the Game Client detects any unauthorized third party programs, the Game Client may:
    1. Communicate information back to PokeMMO's Servers, including but not limited to your Account Name, details about the third party program detected (including, but not limited to, Process Name, Hash, Window Name ) , the date, Game Client settings, and personally identifiable network addresses (such as "IP Addresses" and "MAC Address"); or
    2. Exercise any or all of PokeMMO's rights under this Agreement, with or without prior notice to You.
  2. When running, the Game Client may obtain certain identifying information about your computer and communicate it back to PokeMMO's Servers, including without limitation your IP Address(es), MAC Address(es), a Unique Identification Number generated by the Game Client and hardware and software information about Your machine (such as Operating System, RAM, Video Card, System Configuration, etc.)
  3. When using any of PokeMMO's Services, PokeMMO may, with or without notice to you, store without limitation:
    1. Personally identifiable internet connection history (Internet Protocol Address(es) and MAC Address(es) used to access PokeMMO's Services);
    2. Any communications exchanged between You and other Users while using the Services;
    3. Any e-mail address used at the time of Account Creation, or when You modify existing Account credentials; and
    4. History of Donations to PokeMMO, including without limitation the date of the transaction, associated Account and sum Donated.
  4. PokeMMO may, with or without notice to You, disclose your Internet Protocol Address(es), chat logs, and other information stored about your activities:
    1. In response to law enforcement, a court order or other legal process; or
    2. If PokeMMO believes that doing so may protect your safety or the safety of others.

9. INDEMNITY

You agree to defend, indemnify, and hold harmless PokeMMO and PokeMMO's Staff, with respect to any and all claims, liabilities, injuries, damages, losses, or expenses (including, but not limited to, Attorney's fees and costs) that arise under, from or in any way, directly or indirectly, relate to:

  1. The provisions of Sections 1, 3, 5, and 11;
  2. Your failure to comply with any provision of this Agreement;
  3. Your use of the Game, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
  4. Any dispute You have or claim to have with any users of our Services.

10. FORCE MAJEURE

PokeMMO shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of PokeMMO, including without limitation any failure to perform due to unforeseen circumstances or cause beyond PokeMMO's control, such as war, terrorism, acts of public enemies, acts of civil or military authorities, accidents, transport disturbances, fires, floods, acts of God, embargoes, or shortages of fuel, energy, labor or materials.

13. DISPUTE RESOLUTION

  1. You and PokeMMO agree to resolve all disputes and claims between us in individual binding arbitration. This includes, but is not limited to:
    1. Any aspect of the relationship between us;
    2. This Agreement; or
    3. Your use of PokeMMO's Services.

 

If you could please better explain these and other terms in a separate thread, the community and I would be very grateful. Thanks for the work in this game.

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So, good for you, but some terms may seem intrusive or dangerous to the players, such as the RAM memory access clause, or that may infringe the freedom of expression rights. That's why I'm asking for a better explanation, by other players too, to reassure us about the terms presented. Have a nice day.

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Spoiler

4. ACCOUNT SUSPENSION/DELETION

PokeMMO may suspend, modify, or delete any Account related to PokeMMO's Services at any time for any reason, or no reason, with or without notice to You, for any amount of time. For purposes of explanation, most account suspensions and modifications are the result of violation(s) with this Terms of Service.

We reserve the right to terminate your game account for any or no reason. We don't do this often because it's bad for business, but sometimes people violate rules we haven't explicitly stated in the Terms of Service and this covers it. If your account is inactive for a very long time and you don't have anything valuable on it, we might delete its contents so that you don't take up names which new players can use.

 

Spoiler

6. CONSENT TO MONITOR

You hereby acknowledge and agree that:

  1. When running, the Game Client may monitor your computer's Random Access Memory ("RAM") for unauthorized third party programs running concurrently with the Game Client. An "unauthorized third party program" is defined as any third-party software prohibited by the PokeMMO Terms of Service. In the event the Game Client detects any unauthorized third party programs, the Game Client may:
    1. Communicate information back to PokeMMO's Servers, including but not limited to your Account Name, details about the third party program detected (including, but not limited to, Process Name, Hash, Window Name ) , the date, Game Client settings, and personally identifiable network addresses (such as "IP Addresses" and "MAC Address"); or
    2. Exercise any or all of PokeMMO's rights under this Agreement, with or without prior notice to You.
  2. When running, the Game Client may obtain certain identifying information about your computer and communicate it back to PokeMMO's Servers, including without limitation your IP Address(es), MAC Address(es), a Unique Identification Number generated by the Game Client and hardware and software information about Your machine (such as Operating System, RAM, Video Card, System Configuration, etc.)
  3. When using any of PokeMMO's Services, PokeMMO may, with or without notice to you, store without limitation:
    1. Personally identifiable internet connection history (Internet Protocol Address(es) and MAC Address(es) used to access PokeMMO's Services);
    2. Any communications exchanged between You and other Users while using the Services;
    3. Any e-mail address used at the time of Account Creation, or when You modify existing Account credentials; and
    4. History of Donations to PokeMMO, including without limitation the date of the transaction, associated Account and sum Donated.
  4. PokeMMO may, with or without notice to You, disclose your Internet Protocol Address(es), chat logs, and other information stored about your activities:
    1. In response to law enforcement, a court order or other legal process; or
    2. If PokeMMO believes that doing so may protect your safety or the safety of others.

Every modern online game has an anticheat component, PokeMMO included, and this covers what the client can theoretically do. We collect data related to the client which we use to prove terms of service violations, of which handling is outlined in the Privacy Policy. Diagnostic data may be collected for our own metrics so that we know what we should fix or focus on.

 

Unless we're legally compelled to reveal this information (i.e. through subpoenas) or you're threatening the lives of others, we don't share this information with other people. Mishandling personally identifying information is bad for business and only a few people are authorized to handle sensitive information.

 

Spoiler

9. INDEMNITY

You agree to defend, indemnify, and hold harmless PokeMMO and PokeMMO's Staff, with respect to any and all claims, liabilities, injuries, damages, losses, or expenses (including, but not limited to, Attorney's fees and costs) that arise under, from or in any way, directly or indirectly, relate to:

  1. The provisions of Sections 1, 3, 5, and 11;
  2. Your failure to comply with any provision of this Agreement;
  3. Your use of the Game, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
  4. Any dispute You have or claim to have with any users of our Services.

If you send us so much money that you can't eat anymore, you don't get to hold us liable if you starve to death.

 

Spoiler

10. FORCE MAJEURE

PokeMMO shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of PokeMMO, including without limitation any failure to perform due to unforeseen circumstances or cause beyond PokeMMO's control, such as war, terrorism, acts of public enemies, acts of civil or military authorities, accidents, transport disturbances, fires, floods, acts of God, embargoes, or shortages of fuel, energy, labor or materials.

If a pandemic or any other "Act of God" stops our ability to host the game, you can't sue us for failing to provide the service.

 

Spoiler

13. DISPUTE RESOLUTION

  1. You and PokeMMO agree to resolve all disputes and claims between us in individual binding arbitration. This includes, but is not limited to:
    1. Any aspect of the relationship between us;
    2. This Agreement; or
    3. Your use of PokeMMO's Services.

You agree to handle any formal disputes through an arbiter instead of through the courts.

Edited by Kyu
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