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TERMS AND CONDITIONS
 

All users are strongly urged to read and review the following terms and conditions of Digital Bytes, LLC. and its free online game, Realm Defender, before playing the game. It should be noted that any and all use of the Realm Defender free online game, or any other product or service offered by Digital Bytes, LLC., is subject at any and all times to our Privacy Policy, Terms of Service, or any applicable End User Licensing Agreements. If there should be any inconsistencies between the Terms of Service, our Privacy Policy and/or any End User Licensing Agreement, it will be resolved by Digital Bytes, LLC. in its own discretion. All accounts of users of the Realm Defender free online game, as well as the accounts of paying "Realm Supporters", are governed by these Terms of Service.

ANY TIME A USER ACCESSES THE REALM DEFENDER FREE ONLINE GAME, THEY ARE AGREEING TO AND ARE BOUND BY THESE TERMS OF SERVICE, THEREBY DECLARING THAT THEY HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AND ARE AGREEING TO BE LEGALLY BOUND BY THEM. MOREOVER, ANY USER ACCESSING THE REALM DEFENDER FREE ONLINE GAME IS REPRESENTING THAT THEY ARE AT LEAST 13 YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. IF ANY USER DOES NOT AGREE TO BE BOUND BY, OR CANNOT COMPLY WITH, THESE TERMS OF SERVICE, THEN THEY SHOULD NOT USE OR ACCESS ANY SERVICE OFFERED BY DIGITAL BYTES, LLC., INCLUDING, BUT NOT LIMITED TO, THE USE OF THE REALM DEFENDER FREE ONLINE GAME.

It should be acknowledged that Digital Bytes, LLC. retains the right to modify, amend, or supplement these Terms of Service at their discretion. These modifications, amendments or supplements come into effect immediately upon their placement onto the website. Users are responsible for, and are encouraged to, periodically checking these Terms of Service to check for any changes made to them. If any user should not agree to adhere to, wish not to be bound by, or cannot comply with these Terms of Service, then they agree that the only remaining option is to discontinue the use of any and all Digital Bytes, LLC. products or services, including, but not limited to, the Realm Defender free online game. The continued use of the services constitutes the users agreement to be bound by the amended Terms of Service.

Should the user, in any way, violate any of these Terms of Service, Digital Bytes, LLC. reserves the right to issue a warning out based on the severity of the violation or, in certain circumstances, immediately terminate the user's account. This ruling applies not only to our free users, but to our "Realm Supporter" paying users, should they in some way violate these terms. Digital Bytes, LLC. will not issue a refund should a paying user's account be terminated, so it is the responsibility of the paying user to educate themselves on the Terms and Conditions that apply to the use of this website and the Realm Defender free online game. Any users accessing this website, or the Realm Defender free online game, acknowledge and agree that Digital Bytes, LLC. may terminate their account at any time for violating these terms. Digital Bytes, LLC. also reserves the right to violate an account at any time, for any reason or no reason in its sole discretion.

Users who have been terminated from our services may not re-apply for their use without the expressed permission of Digital Bytes, LLC. Should a user's account be terminated due to a breach of these Terms of Service, or in the event that Digital Bytes, LLC. removes, deletes, or loses any of your account content, such as, but not limited to, items, gold, platinum-tokens, and more, Digital Bytes, LLC. shall have no liability or responsibility to you or any third party. Upon an account's termination, all user information, including, but not limited to, created charaters, their stats, levels, and more, shall be removed from our server, and cannot be recovered.

In the event that a user's account has been terminated, Digital Bytes, LLC. also reserves the right to terminate any and all other accounts that share the member's information, including, but not limited to, their name, phone number, e-mail address, internet protocol address, credit card number, or PayPal ID with the terminated account.

 
CHILDREN UNDER 13 YEARS OF AGE
 

Parents are responsible for their childrens actions on the internet. Should a child under 13 years of age wish to access the Realm Defender website and/or free online game, they must first obtain expressed permission from their parents. This can be done by having the parent create the child's account. By creating the account, they are then certifying that they are at least over 18 years of age and are the legal guardian of the child using the account. It is also the parent's responsibility to determine if any part of our service areas are inappropriate for their child. However, when creating the child's account, the parents are NOT giving their child permission to purchase account upgrades by credit card or any other means. Whomsoever purchases an upgrade for a child under 13 years of age using our website and services must certify that they are at least 18 years of age, and that they are the parent or legal guardian of the child.

 
UPGRADING TO "REALM SUPPORTER" STATUS
 

Any users upgrading their accounts must keep in mind that Digital Bytes, LLC. reserves the right to modify, amend, or supplement its fee and billing methods at any time, and post these changes on our Terms of Service. Should this be done, the modifications, amendments, or supplements made shall be effective immediately upon their posting on the website. Users are allowed to cancel their account at any time, but no refunds will be granted. In order for users to upgrade their free account, they are given a number of options for payment. Users may pay for upgrades using major credit cards, PayPal®, PayByCash™, or a mailed-in money order or check.

For a user to upgrade to a "Realm Supporter" account, they must first access our website and click the "Become a Realm Supporter" link at the top of the page. This will take them to the upgrade page, where the user may then sign into their Realm Defender account, provided that they agree with our Game Rules and Terms and Conditions. On the following page, they will be able to clarify what type of upgrade they wish to get for their account, confirm their desired purchase, and move on to checkout.

At this point, they may then finish the transaction using their credit card, PayPal®, or PayByCash™ account. If the user wishes to send in a money order or check instead, there is also a section made specifically for them at Checkout.

 
ONLINE GAME CONTENT
 

The Realm Defender free online game is an MMORPG (Massive Multiplayer Online Roleplay Game), set in a medieval time period. It features content such as, but not limited to, minimal cartoon violence and the use of magic. Digital Bytes, LLC. strives to make the Realm Defender free online game safe and fun for all ages, and acknowledges that users under 13 may wish to play the game. As an assurance to parents, there is no gore, sex, profane language or intense violence in the Realm Defender free online game.

 
TERMS OF USAGE
 

Any and all users accessing the Realm Defender free online game must adhere to these Terms of Service, rules of the game, as well as these terms of usage for the game:

  • It is prohibited for any user to access other websites impersonating Realm Defender staff for any reason whatsoever, including, but not limited to, attempted account hijackings. Realm Defender staff will never ask you for your password.

  • No user may create, use, or share any cheating software for the game, nor are they allowed to hack into the game, server, or website, for whatsoever reason, including, but not limited to, attempting to decipher any transmissions made to or from the servers running the game.

  • Any user upgrading their account must either use their own credit card, or their parent must use their credit card, in order to upgrade the account.

  • It is absolutely prohibited for any user to access and alter, disrupt, or delete another user's account.

  • Any user who has found an exploitable bug in the game should immediately contact Realm Defender staff with a description of the bug found. No user should ever attempt to use these bugs in order to gain unfair advantages in the game.
  • Any users found violating these terms of usage may have their account deleted immediately, at the sole discretion of Digital Bytes, LLC.. Should the user be an upgraded member, they will not be offered a refund. All users acknowledge that breaking any of the game rules, terms of service, terms of usage or otherwise is a bannable offense that will not allow any kind of refund for paying users, and by playing the Realm Defender free online game, they agree to these terms.

    ALL USERS MUST NOTE THE FOLLOWING: DIGITAL BYTES, LLC. OWNS, OPERATES, AND HOLDS EXCLUSIVE LICENSES FOR THE REALM DEFENDER FREE ONLINE GAME WEBSITE AND SERVICE. ANY AND ALL USERS SIGNING UP FOR THIS SERVICE ARE ONLY LICENSING THE RIGHTS TO USE THEIR OWN ACCOUNT AND THE SERVICE. DIGITAL BYTES, LLC. WILL NOT RECOGNIZE ANY PROPERTY CLAIMS OUTSIDE OF THE SERVICE, NOR WILL DIGITAL BYTES, LLC. RECOGNIZE ANY PURPORTED SALE, GIFT OR TRADE OF ANYTHING RELATED TO THE SERVICE. ALL USER-CREATED CHARACTERS ARE NOT PROPERTY OF SAID USER, AND THEY WILL GAIN NO OWNERSHIP INTEREST WHATSOEVER OVER THEM. MOREOVER, NO USER MAY SELL THEIR ACCOUNTS, BE THEM FREE OR UPGRADED, TO ANYONE, FOR ANYTHING. ANY USER FOUND DOING SUCH A THING WILL HAVE THEIR ACCOUNT IMMEDIATELY TERMINATED, AND IF THE USER FOUND PURCHASING THE ACCOUNT HAS ANOTHER OF THEIR OWN, THEIRS WILL BE DELETED AS WELL.

    ALL USERS AGREE TO ADHERE TO THESE RULES, AND ANY USERS ALLOWING OTHERS TO ACCESS THEIR SERVICE ACCOUNT AGREE THAT WHOMSOEVER USES THEIR ACCOUNT IS BOUNDED BY THESE TERMS AS WELL, AND THE ACCOUNT OWNER WILL BE HELD PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING, BUT NOT LIMITED TO, THE TERMINATION OF THE USER'S ACCOUNT) THAT MAY RESULT SHOULD ANY OTHER PERSON VIOLATE THESE TERMS ON THEIR ACCOUNT.

     
    USER INFORMATION AND SECURITY
     

    It is strongly urged for all users accessing the Realm Defender free online game to choose a password for their account that is appropriate and hard for someone to guess. It is the sole responsibility of the user to protect themselves from having their account stolen by anyone, and should therefore also be careful of entrusting anyone else with their password. Should a user's account be hacked into or stolen, the owner of the account should immediately notify Digital Bytes, LLC., especially if said account is an upgraded "Realm Supporter" account. Digital Bytes, LLC. will not take any responsibility for lost items, changes made to the account, or any other possible modifications to your service made by an unauthorized user of your account. Any users accessing the Realm Defender free online game acknowledge the fact that should anyone sabotage their account, it is not the fault of Digital Bytes, LLC., and while we will do all we can to address the issue, the full return of items, gold, or any other lost aspect of the user's game, is not a guarantee.

    Prospective users of the Realm Defender service are required to register with us through the game itself. Upon creating a new account, the user certifies that they are over 13, or have had their parent or legal guardian's permission to access the website and create the account. Hereafter, the user will then create their user name and password, as well as choose if they wish to provide their e-mail address to us or not. There are no requirements for free users other than an account name and password. NOTE: ANY USERS UPGRADING TO A "REALM SUPPORTER" ACCOUNT WILL BE REQUIRED TO SUBMIT PERSONAL INFORMATION. SHOULD AN UPGRADING USER PROVIDE DIGITAL BYTES, LLC. WITH ANY FALSE OR FRAUDULENT INFORMATION DURING THIS PROCESS, DIGITAL BYTES, LLC. RESERVES THE RIGHT TO SUSPEND OR TERMINATE THE ACCOUNT, AS WELL AS THE USER'S ACCESS TO THE SITES AND SERVICES. IF THE USER HAS ALREADY PAID FOR THEIR UPGRADED ACCOUNT, THEY WILL NOT BE ISSUED A REFUND.

    Once the user has created the account, they may begin to make their character, and then play the game. A tutorial is provided for new users to introduce them to the game.

     
    COMPUTER FRAUD AND ABUSE ACT
     

    Any users found using machines, computers, scripts or any automated system on the Realm Defender free online game are guilty of a criminal offense, and will be held liable for their actions, as it is absolutely prohibited to use such devices on our service, as stated under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. As such, you may only play the Realm Defender free online game as it is made available through our service with one type, version, or copy of the client application at any one time.

    Furthermore, should any user be guilty of the following actions, they will be subject to liability, including penalities under the Act:

  • knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value

  • knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer

  • intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage
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    INTELLECTUAL PROPERTY LAWS
     

    When any user accesses our site or service, they are agreeing to obey the law and to respect the intellectual property rights of others. Anyone visiting our site or accessing its content are governed by and subject to laws regarding copyright ownership and use of intellectual propery. All users understand and acknowledge that this website, its content, and other applications made available by Digital Bytes, LLC., are owned solely and exclusively by Digital Bytes, LLC., its licensors, or its affiliates, and are protected by applicable U.S. laws and regulations, and international treaties relating to copyrights, trademarks, and other intellectual property rights. The burden of proving that any content does not violate any laws or third party rights rests solely with the user who has been accused of violating the terms, and not with Digital Bytes, LLC.. Moreover, should any user become aware of, or reasonably suspect any infringement of the copyrights or trademarks of Digital Bytes, LLC., or any third party, they are required to immediately notify Digital Bytes, LLC. of such infringements.

     
    DISCLAIMER OF WARRANTIES
     

    ALL USERS AGREE THAT THE USE OF ANY SERVICE OFFERED BY DIGITAL BYTES, INCLUDING, BUT NOT LIMITED TO, THE USE OF THE REALM DEFENDER FREE ONLINE GAME, ITS WEBSITE, AND GAME SOFTWARE IS AT YOUR SOLE RISK. REALM DEFENDER, ITS WEBSITE AND GAME SOFTWARE, AS WELL AS ANY SERVICE OR SERVICES OFFERED BY DIGITAL BYTES, LLC., NOW OR HEREAFTER, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED. THIS INCLUDES, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO GUARANTEES THAT USERS WILL BE ABLE TO ACCESS OR USE THE REALM DEFENDER FREE ONLINE GAME AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT DIGITAL BYTES, LLC. WILL HAVE THE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. MOREOVER, DIGITAL BYTES, LLC. MAKES NO GUARANTEES THAT ITS SERVICES WILL MEET THE REQUIREMENTS OF THE USER'S MACHINE, OR THAT THE OPERATION OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE REALM DEFENDER FREE ONLINE GAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, AND DIGITAL BYTES, LLC. TAKES NO LIABILITY WHATSOEVER FOR ANYONE USING OUR SERVICE.

     
    LIMITED LIABILITY
     

    ALL USERS ACKNOWLEDGE AND AGREE THAT THE SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DIGITAL BYTES, LLC. OR ITS LICENSORS IS TO DISCONTINUE THE USE OF ANY DIGITAL BYTES, LLC. SERVICES, BE THEM AT THE TIME OF THE DISPUTE OR THEREAFTER, AND TO CANCEL THEIR ACCOUNT. AT NO POINT IN TIME MAY DIGITAL BYTES, LLC., ITS LICENSORS, OR ITS AFFILIATES BE HELD LIABLE FOR ANY ACTIONS MADE BY ANY USERS OF THE SERVICE, AND ALL USERS ACCESSING THE SERVICE AND WEBSITE ACKNOWLEDGE AND AGREE TO THESE TERMS. DIGITAL BYTES, LLC.'S, ITS LICENSORS', AND ITS AFFILIATES' LIABILITY TO YOU EXCEED THE AMOUNT THAT THE USER PAID TO DIGITAL BYTES, LLC. TO USE ITS SERVICES. IN ABSOLUTELY NO CASE SHALL DIGITAL BYTES, LLC., ITS LICENSORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOSS OF PROFITS, DATA, USE, BUSINESS INTERRUPTION, GOODWILL, OR OTHER INTANGIBLE LOSS ARISING FROM ANY PERSON'S USE OF ANY SERVICE, NOW OR HEREAFTER, PROVIDED BY DIGITAL BYTES, LLC., OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO ANY PERSON'S USE OF, OR MEMBERSHIP WITH, THE REALM DEFENDER FREE ONLINE GAME, WHETHER BASED ON WARRANTY, CONTRACT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT DIGITAL BYTES, LLC., ITS LICENSORS, OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DIGITAL BYTES, LLC. ALSO ACKNOWLEDGES THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE CONSEQUENTIAL OR INCIDENTAL DAMAGES AND, IN SUCH STATES OR JURISDICTIONS, DIGITAL BYTES, LLC.'S, ITS LICENSORS', AND ITS AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. DIGITAL BYTES, LLC. DOES NOT GUARANTEE, IN ANY WAY, SHAPE OR FORM, THAT ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH OUR SERVICE, AND WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN THE USER AND A THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES. ANY AND ALL USERS WHO PURCHASE UPGRADES FOR THE REALM DEFENDER FREE ONLINE GAME ARE MAKING THESE PURCHASES ONLY ONCE, AND THE PURCHASE IS FOR THE LIFETIME OF THE GAME. THEREFORE, ALL UPGRADING USERS ARE SUBJECT TO THE FOLLOWING LIMITATIONS, FOR SUCH PURCHASES DO NOTE ENTITLE YOU TO CONTINUED SERVICE IN THE EVENT THAT:

  • DIGITAL BYTES, LLC. IS PURCHASED, OR SELLS SUBSTANTIALLY ALL OF ITS ASSETS

  • DIGITAL BYTES, LLC. CEASES TO OPERATE THE WEBSITE

  • DIGITAL BYTES, LLC. FILES A NOTICE OF BANKRUPTCY WITH ANY U.S. COURT. SHOULD ANY SUCH EVENT OCCUR, DIGITAL BYTES, LLC. RESERVES THE RIGHT TO CHARGE USERS FURTHER AMOUNTS FOR CONTINUED ACCESS TO THE REALM DEFENDER GAME AND ITS CONTENT.
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    REVISION OF TERMS
     

    Should any provision found in these Terms of Service be held as invalid, unenforceable or otherwise, that provision will be deemed to be restated, so that it might reflect, as nearly as possible, the original intention, in accordance with applicable law, and that the remainder of the Terms of Service will remain in full force and effect. These Terms of Service correspond with the full agreement made between the parties with respect to the subject matter hereof, and supersedes all prior understandings or agreements, written or oral, regarding such subject matter. Should there be any waiver of any provision of the Terms of Service, it will only be effective if in writing and signed by Digital Bytes, LLC.. The failure of any person to assert any right under these Terms of Service cannot be considered a waiver of that party's right, and will remain in full force and effect. Moreover, these Terms of Service, as well as the Privacy Policy, and Digital Bytes, LLC.'s enforcement of said policies, are not intended to confer, and do not confer, any rights or remedies upon any person. The Terms of Service, as well as all related documents, are written in, and shall be interpreted in, the English language.

     
    ACKNOWLEDGEMENT OF TERMS
     

    EVERY USER WHO ACCESSES THE REALM DEFENDER WEBSITE, ITS GAME CONTENT, OR ANY PROPERTY OF DIGITAL BYTES, LLC., TODAY OR HEREAFTER, HAS ACKNOWLEDGED THAT THEY HAVE READ, AGREE TO, AND ARE BOUND BY, THESE TERMS OF SERVICE.