Visionary Realms, Inc.

Pantheon: Rise of the Fallen

Visionary Realms Pledge and Subscription Terms and Conditions Cancellations and Refunds

Visionary Realms, Inc. (“VR,” “we,” “our,” “us”) is accepting pledges to assist with various costs related to developing and marketing the Game, Pantheon: Rise of the Fallen. You may select one or more of the pledges offered on the Website and pay the indicated amount(s) in accordance with the following terms agreed between you and VR:

  • Your payment (“Pledge”) is a deposit to be used for (a) the production and delivery cost for the relevant pledge items (“Pledge Item Cost”), and (b) the development and production cost of the Game, including the costs of operating and hosting the Game, the Website and VR’s corporate expenses associated with the foregoing (the “Game Cost”).

  • VR agrees to use its good faith business efforts to deliver to you the pledge items and the Game on or before the estimated delivery date, which is subject to change, as communicated to you on our official Website at pantheonmmo.com. However, you acknowledge and agree that delivery as of such date is not an expressed or implied contract and may be extended by VR as deemed necessary in VR’s sole discretion. Accordingly, you agree that no portion of your Pledge shall be refundable.

  • For the avoidance of doubt, in consideration of VR’s good faith efforts to develop, produce, and deliver the Game in part with the funds raised, you agree that any Pledge amounts applied against the Pledge Item Cost and the Game Cost shall be non-refundable regardless of whether or not VR is able to complete and deliver the Game and/or the pledge items.

  • Once VR has delivered all pledge items to you and the Game has been commercially released to the public, all your payments until such time shall become, and any payments thereafter shall be, non-refundable in whole or in part.

  • You acknowledge and agree that the pledge items delivered to you may differ in certain aspects from the description of those pledge items that were available on the Website at the time of your Pledge.

  • You may cancel your Pledge at any time by notifying us in the manner listed under “Contacting Us.”

  • For those pledges which have Tester, Alpha or Beta access, cancellation of your pledge prior to paying the entire amount for that level access will result in immediate revocation of your access privileges. Any payments made to the point of cancellation will determine the level of access which you will receive.

  • VR has the right to terminate your account or any subscription after notifying you of breach of this policy or our website Guidelines. Any conduct detrimental to the creation or operation of the Game will be considered such a breach.

Paid Subscription Services

  • As of January 1, 2016, forum subscriptions will no longer accumulate into account pools, nor will they be eligible for pledge rewards. Accumulations prior to this date will still remain eligible for said rewards. After this date subscriptions will only be eligible to receive subscription rewards. Subscriptions are on a per month basis that can be stopped at any time and relate to the website only.

  • If you pay a recurring (e.g. monthly) subscription, VR will provide you with notice of any changes to the fees or billing methods. Your continued use five (5) days or more after the date on which we notified you of the relevant changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but we will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription.

  • By agreeing to these Terms of Service and purchasing a recurring subscription, you will have agreed to permit VR to automatically renew your subscription on the relevant renewal date by charging a valid credit card number or PayPal account, or by other financial settlement means, which you have provided to VR with an amount equal to VR’s applicable then-current subscription fee, unless and until you cancel your subscription.

  • You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when, even when we offer a free trial subscription. Trial subscriptions are not transferable.

Charges & Billing

We reserve the right to change our prices, fees, or billing methods at any time. If we elect to do so, we will notify you of the relevant change by email or by posting a notice on our website at pantheonmmo.com.

Contacting Us

The Pantheon: Rise of the Fall services are made available to you by Visionary Realms, Inc., a company registered in Delaware, USA, and located at 7668 El Camino Real, Suite 104-341, Carlsbad, CA 92009. If you would like to contact us or make a complaint, please contact us at the foregoing address or via our website at pantheonmmo.com/support.

Official Community Website

TERMS AND CONDITIONS

Introduction

These terms and conditions govern your use of this Visionary Realms, Inc. (“VR”) – Pantheon: Rise of the Fallen – Community Website (“website”). By using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 13 years of age to use this website.  By using this website, and by agreeing to these terms and conditions, you warrant and represent that you are at least 13 years of age.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy Statement.

License to use website

Unless otherwise stated, VR and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website, except for content specifically and expressly made available for redistribution.
  • Where content is specifically made available for redistribution, it may only be redistributed according to terms provided at the in which it is made available.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without VR’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without VR’s express written consent.

Restricted access

Access to certain areas of this website is restricted.  VR reserves the right to restrict access to non-public areas of this website, or indeed this entire website, at VR’s discretion.

If VR provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

VR may disable your user ID and password in VR’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to VR a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to VR the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or VR or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

VR reserves the right to edit or remove any material submitted to this website, or stored on VR’s servers, or hosted or published upon this website.

Notwithstanding VR’s rights under these terms and conditions in relation to user content, VR does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Pledges & Subscriptions

By pledging or subscribing on this site, you agree to be bound by the Terms and Conditions herein.

VR offers no guarantees or warranties of performance, service, Pantheon Rise of the Fallen (“PRotF”) completion or delivery of Pledge Package items.

While VR will make a best faith effort to complete, release and support PRotF, game development is a high risk endeavor. For any number of reasons, VR may not be able to complete PRotF, offer access to the game, or may not be able to deliver some or all items listed in the Pledge Packages.

Items included in Pledge Packages may be substituted, changed or eliminated at any time for any reason or no reason at the sole discretion of VR.

Access to part or all of the website, PRotF or Pledge Package items may be revoked or suspended at any time for any reason or no reason at the sole discretion of VR.

VR reserves the right to suspend, change, or cease the service (including, but not limited to, the availability of any support, item, function, feature, database, or Content) at any time for any reason or no reason. The Company may also restrict access to parts or all of the website or game without notice or liability.

VR does not offer refunds under any circumstances including but not limited to cases when it is unable to deliver all of part of a PRotF or a Pledge Package.

Terms are subject to change at any time without notice.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  VR makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, VR does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal or financial matter you should consult an appropriate professional.

Regarding Donations, Pledges, and Subscriptions

VR will make a best effort to provide the reward(s) offered as part of subscription plans, shop items, or future virtual in-game items, but delivery is not guaranteed.

Limitations of liability

VR will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if VR has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit VR’s liability in respect of any:

  • death or personal injury caused by VR’s negligence;
  • fraud or fraudulent misrepresentation on the part of VR; or
  • matter which it would be illegal or unlawful for VR to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, VR has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against VR’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect VR’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as VR.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify VR and undertake to keep VR indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by VR to a third party in settlement of a claim or dispute on the advice of VR’s legal advisers) incurred or suffered by VR arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to VR’s other rights under these terms and conditions, if you breach these terms and conditions in any way, VR may take such action as VR deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

VR may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

VR may transfer, sub-contract or otherwise deal with VR’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with any additional Non-Disclosure Agreement(s), constitute the entire agreement between you and VR in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with The State of California, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of San Diego, California.

Contacting Visionary Realms, Inc.

You can contact Visionary Realms, Inc. by email to support@pantheonrotf.com, or by telephone at (858)909-8885, or my using our web form.

Credit

Portions of this document were created using a Contractology template available at http://www.freenetlaw.com