Elysium Terms of Play ********************* Credits are an optional paid extra which will allow you to earn lessons while offline, at a slower rate than actually playing in Elysium; Before purchasing credits, you must read this helpfile. The Elysium Terms of Play comprise the entire agreement between Elysium and you, and supersede any other agreement, written or oral, relating to Elysium provided, however, that Elysium may revise the Elysium Terms of Play at any time, and such revision will be effective upon the earlier of (i) the date thirty days after the revised Elysium Terms of Play are posted here in this helpfile, or (ii) the date you are notified of such change in the Elysium Terms of Play via the NewsBB or by some other manner. If any such revision is unacceptable to you, you will be reimbursed for credits purchased at the price which you bought them, minus postage costs from England. Your continued use of Elysium following notice of any revision the Elysium Terms of Play will be conclusively deemed acceptance of all revised and new Elysium Rules. You are entirely liable for all activities conducted in Elysium through your character. In cases where you have authorized another individual, including a minor, to use your character you recognize that you are fully responsible for the online conduct of such user. You acknowledge that some areas of Elysium may contain material that is inappropriate for minors. You are responsible for maintaining the confidentiality of your password and are solely liable for any harm resulting from disclosing or allowing disclosure of any password or from its resulting use by any. At no time should a player ever respond to an online request for a password. Elysium Administration will never ask for a players's password. You agree to use Elysium only for lawful purposes and in accordance with the Elysium Terms of Play Agreement. Elysium may monitor your actions at its sole discretion for compliance with the Elysium Rules. Any conduct that in Elysium's sole discretion is inconsistent with the Elysium Rules will not be permitted, and will entitle Elysium, in its sole discretion and without notice, to ban one or more of your characters, and/or your site. Any text or drawings viewable through either the Elysium game, or web site is referred to as "Content". Elysium has the right, but not the responsibility, to remove Content which is inconsistent with the Elysium Rules. Content may be protected by copyrights, trademarks, and other proprietary rights of Elysium and third parties ("Rights"). Your use of Content will be governed by applicable copyright and other intellectual property laws. By transmitting Content to Elysium (including but not limited to the submission of any ideas of how to improve Elysium), you hereby grant, and warrant that Elysium has the royalty-free, perpetual, irrevocable, non-exclusive worldwide right and license to use, reproduce, adapt, translate, create derivative works from, distribute, transmit, perform and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights in such Content and grant to each player the further right and license to access, view, store and reproduce the Content for personal use, unless otherwise stated by Elysium Administration in writing. You agree that Elysium cannot determine in advance the accuracy, or conformance to the Elysium Rules, of communications and Content transmitted on Elysium. Elysium is not responsible for screening, policing, editing, or monitoring such communications and Content. If notified of communications or Content which are alleged not to conform to the Elysium Rules, Elysium may determine in good faith and in its sole discretion whether to remove or request the removal of such Content from Elysium, or take other action as deemed appropriate by Elysium. Elysium has no liability to you in respect of its performance or non-performance of such activities. You may not advertise any real world products or services without the express written consent of Elysium. To the extent Elysium authorizes such advertising, Elysium does not endorse or guarantee any product or service, and will not be a party to any transaction between you and any third-party provider of such products or services. Furthermore, you acknowledge that by clicking on certain links located in the Elysium web site of advertisers or other third parties, you may be linked to Internet web sites/locations that are not controlled by Elysium. There may be some content on these third party web sites/locations to which you may be linked which may be offensive to some individuals, or which may not be in compliance with legal requirements and other rules, including these Terms of Play. Elysium assumes no responsibility for and does not endorse the content contained on any such web sites/locations. Please also note that because your access to Elysium is via the Internet, any of your communications, intended to be private or otherwise (including submission of your password), as you send them over the Internet to Elysium may be intercepted by others. Elysium has no control, liability or responsibility for any interception and unauthorized use by any third parties of any such communications. In addition, you are advised not to hold private out of character conversations using says or emotes, as it should not be assumed that this method of communication is secure. ELYSIUM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, UNLESS AND EXCEPT TO THE EXTENT SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE FOREGOING, ELYSIUM DOES NOT WARRANT THAT ACCESS TO ELYSIUM WILL BE AVAILABLE AT ALL TIMES OR AT ANY PARTICULAR TIMES. YOU EXPRESSLY AGREE THAT YOUR USE OF AND PARTICIPATION IN ELYSIUM IS AT YOUR SOLE RISK. LIABILITY TO YOU FOR ANY BREACH OF THIS AGREEMENT, OR ANY ACTION OR INACTION OTHERWISE RELATING TO THIS AGREEMENT AND ELYSIUM, IS LIMITED SOLELY TO THE AMOUNT PAID BY YOU TO ELYSIUM DURING THE PAST 12 MONTHS IN UNUSED CREDITS. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, SHALL ELYSIUM BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF ELYSIUM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. ELYSIUM’S LIABILITY IN SUCH JURISDICTIONS IS LIMITED TO THE EXTENT PERMITTED BY LAW. You agree to defend, indemnify and hold harmless Elysium from all liabilities, claims and expenses, including reasonable lawyer's fees, arising from or relating to (i) breach of any law or the Elysium Rules, or infringement of any intellectual property or other rights, by use of, or in connection with, your conduct in Elysium, (ii) the harassment or defamation of any other player, person or entity by you or your character, or (iii) any other misconduct committed by you or your character. Elysium reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. Elysium retains the right, but not the obligation, in its sole discretion and without prior notice or liability, to restrict your access to Elysium.