Minions of Mirth Online Terms of Use

Minions of Mirth Online ("MOMO") is the copyrighted work of Prairie Games, Inc ("Company") or its suppliers. All use of MOMO is governed by the Terms of Use provided below ("MOMO Terms of Use") in addition to the End User License Agreement (“EULA”). MOMO is provided "as is" solely for use by end users of Company software products according to the Terms of Use contained herein. Any use of MOMO not in accordance with the terms of the MOMO Terms of Use is expressly prohibited.

1. Grant of License. Company hereby grants, and by using MOMO you thereby accept, a limited, personal, non-exclusive license and right to use MOMO using either a home, work or portable computer. Subject to the foregoing Grant of License, you may not remove any proprietary notices or labels on MOMO without the prior consent, in writing, of Company. Company reserves the right for any reason to remove, without notice, any content of MOMO received from users, including without limitation, bulletin board postings on www.prairiegames.com. Company reserves the right to deny, at its sole discretion, any user access to MOMO or any portion thereof without notice. Without limiting the foregoing, Company retains the right to decline or revoke service to any user who violates the MOMO Terms of Use, EULA, or the Play Nice Policy.

2. Registration Information. To register your account on MOMO, you will be required to choose a Public Name which must abide by the rules of the Play Nice Policy (which can be found on the Prairie Games, Inc. website at www.prairiegames.com) and provide a unique, valid email address. This information is used to identify you as a "unique user" of MOMO. In the event that Company learns that you have provided Company with false or misleading registration information, Company reserves the right to terminate your MOMO account.

3. Ownership. All title, ownership, and intellectual property rights in and to MOMO including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into MOMO, transcripts of the chat rooms, member profile information, recordings of games played on MOMO, and software) are owned by the Company or its licensors. All rights are reserved. MOMO is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. MOMO may contain certain licensed materials, and Company's licensors may protect their rights in the event of any violation of this Agreement.

4. Your Use of MOMO.

A. You are entitled to use MOMO for your own personal use, but you shall NOT be entitled to (i) sell or grant a security interest in or transfer reproductions of MOMO to other parties in any way, nor to rent, lease, or license MOMO to others without the prior written consent of Company;
(iii) create derivative works based on MOMO;
(iv) host or provide matchmaking services for any Company software programs or emulate or redirect the communication protocols used by Company as part of MOMO, through protocol emulation, tunneling, modifying or adding components to the Program, use of a utility program, or any other technique now known or hereafter developed, for any purpose, including, but not limited to, network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks without the prior written consent of Company;
(vi) use Company's intellectual property rights contained in MOMO to create or provide any other means through which Company software products, including, but not limited to, Minions of Mirth may be played by others, including, but not limited to, server emulators;
(vii) institute attacks upon a MOMO server or otherwise disrupt MOMO;
(viii) disregard the rules posted in the Play Nice Policy;
(xiv) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation;
(xv) modify any file that Company does not specifically authorize you to modify;
(xvii) create or maintain, under any circumstance, more than one simultaneous connection to MOMO. All such connections to MOMO, whether created by Company software products or by other tools and utilities, may only be made through methods and means expressly approved by Company. Under no circumstances may you connect or create tools that allow you to connect to MOMO's private binary interface or interfaces other than those explicitly provided by Company for public use;
(xviii) Communicate or post any user's personal information in or on MOMO, the Prairie Games, Inc web site, or forums.

B. In the event that you violate any of the foregoing provisions, Company may at its option and without notice to you
(i) temporarily suspended your access to MOMO; or
(ii) immediately terminate your access to MOMO; and

C. In the event that Company is contacted by governmental authorities and/or parties seeking legal redress against you for a violation committed by you or alleged to have been committed by you involving your use of MOMO, Company will cooperate fully with all governmental authorities and any lawful orders of the court with regards to the release of information that relates to you and your use of MOMO, including, but not limited to, user Internet Protocol (IP) addresses, associated personal information, and all other user information on file.

5. Content Uploads to MOMO. You may upload content to MOMO in various forms, including, but not limited to, the selections you make for the Program, in chat rooms, and similar user-to-user areas (collectively, your "Content"). Your Content shall not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, obscene, or pornographic; or (d) contain any viruses, Trojan horses, cancelbots, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. Company reserves the right to any legal remedies available to Company with respect to your Content, including, but not limited to, termination of your use of MOMO if we believe your Content may create liability for Company or may cause Company to lose (in whole or in part) the services of our ISPs or other suppliers. You hereby grant to Company a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content.

6. Use of Your Content. Company and/or its parent, subsidiaries or affiliates may gather, process, and use (and allow others to use) any and all information which you provide directly to Company ("Content"), as well as information regarding the manner in which you use MOMO. You hereby grant to Company a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content.

7. Information found on MOMO. Company does not endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of MOMO. Any and all statements made in forums, conferences, or chats or during game play reflect only the views of their authors.

8. Termination. This agreement is effective until termination by either party. You may terminate this agreement at any time by destroying all materials obtained from this Site and/or Service and all related documentation thereof. Company reserves the right to terminate this agreement without notice at Company's sole discretion if you fail to comply with any term of this agreement, including, but not limited to, disruptive behavior, cheating, instituting attacks upon a MOMO server, and any unlawful activity. It is the policy of Company to co-operate fully in criminal investigations, including, but not limited to, and if permitted by local laws, tracing user Internet Protocol IP addresses and associated personal information, as well as sharing all other user information on file with the proper authorities upon request.

9. Acknowledgments. You hereby acknowledge that
(i) You assume the cost of all telephone charges, necessary servicing, repair, or correction for connecting to MOMO;
(ii) the materials and/or service are provided "as is" and without warranties of any kind, either express or implied, including, but not limited to, warranties of accuracy, reliability, merchantability, fitness for a particular purpose, and non-infringement;
(iii) that as part of your registration process and in consideration for the privilege of accessing MOMO and if permitted by local laws Company has the right to send your computer one or more "cookies" without any further notice to you (these cookies only retain your user preferences) and, Company has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses, and operating systems for identification purposes;
(iv) that, if permitted by local law, Company has the right to obtain "non-personal" data from your Internet browsing software in order to make certain demographic assumptions regarding the users of MOMO without any further notice to you
(v) Company does not warrant that MOMO will be uninterrupted or error-free, that defects will be corrected, or that the servers are free of viruses or other harmful components;
(vi) you may not be able to access MOMO whenever you want, and there may be extended periods of time where you cannot access MOMO;
(vii) Company shall not be held liable for any delay or failure to perform resulting from causes outside the reasonable control of Company;
(viii) as MOMO requires electronic files, including, but not limited to, player characters, accounts, statistics, user profiles, weapons, armor, quests, and maps ("Online Data"), be stored upon MOMO servers for Your use when utilizing MOMO to play Minions of Mirth online, You hereby agree and acknowledge that Company shall not have any liability to You for the loss of Online Data for any reason whatsoever, including, but not limited to, server failure, telephonic interruptions of any kind, defects, bugs, viruses or other harmful components, deletion of characters and/or items, and negligent acts of Company and/or its affiliates and will not remedy such errors that may have occurred to your Online Data;
(ix) you may not use "Duplicated Characters" and/or "Duplicated Items" on MOMO, including, but not limited to, weapons, armor, jewelry, spells, tomes, potions, poisons, money, or any other items, that were created by exploiting a slow connection or "lag," programming error, or any other manner that allows you to utilize "Duplicate Characters" and/or "Duplicated Items" on the MOMO service. In the event that Company discovers that you are utilizing such characters and/or items on MOMO, you hereby acknowledge that Company may, at its sole discretion, delete such characters and/or items from your account on MOMO;
(x) Company reserves the right, at its sole discretion, to modify or delete any information, including, but not limited to, player characters, accounts, statistics, user profiles, and any other information accumulated or uploaded on MOMO;
(xi) any accounts and their associated information, items, and characters that are inactive for 3 months (180) days in the Premium Edition of Minions of Mirth will be deleted from MOMO servers;
(xii) any accounts and their associated information, items, and characters that are inactive for 1 month (30) days in the Free Edition of Minions of Mirth will be deleted from MOMO servers;
(xiii) Company does not warrant that MOMO will be free of cheats, hacks, or programming errors that may affect the outcome of the game, MOMO's ladder ranking systems or the general use of MOMO; and
(xiv) you are personally responsible and liable for the consequences that will result if you allow another person to use your MOMO account which is in violation of the terms of the End User License Agreement, including, but not limited to, termination of your account and loss of your user names and characters.

10. Indemnification. Upon request of Company, you agree to defend, indemnify and hold harmless Company, its parent, subsidiaries, affiliates, licensees, and distributors from all liabilities, claims and expenses, including attorneys' fees arising from breach of the MOMO Terms of Use by use of, or in connection with, the transmission by, or through your account of any content on MOMO. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.

11. DISCLAIMER OF WARRANTY. MOMO IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

12. Limitation of Liability. NEITHER COMPANY OR ITS AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF MOMO, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.

13. Miscellaneous. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Those who choose to access this Site and/or Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from this Site and/or Service is further subject to United States export controls. No software from this Site and/or Service may be downloaded or otherwise exported or re-exported
(i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or
(ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein. Company may change the terms of this Agreement upon such advance notice, if any, as may be required by law.

Return to: Policies