The following terms and conditions govern all use of the ObsidianPortal.com website and all content, services and products available at or through the website.
1. Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by KSG, acceptance is expressly limited to these terms.
2. Changes. KSG reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. KSG may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
3. Your Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and KSG may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause KSG liability. You must immediately notify KSG of any unauthorized uses of your account or any other breaches of security. KSG will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
4. Access to Services & Online Communities.
KSG maintains the right to refuse services or deny access to users at any-time, so as to best manage the needs of the wider online community. Community support staff maintain the right to moderate online forums on the site as they deem necessary. Community-assisted support roles such as community moderators, DST moderators, or “counsel chair” positions maybe appropriated or decommissioned to any user, at any time, at the sole discretion of KSG.5. Membership, Free Trials, Billing and Cancellation.
Ongoing Membership. Your OP membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the OP service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.
Free Accounts & Trial Periods Your OP membership may start with a free subscriber account or trial. The free account or trial period of your membership lasts for one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. OP reserves the right, in its absolute discretion, to determine the limitations of free accounts and/or your free trial eligibility. We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "View billing details" link on the "Your Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE "MY MEMBERSHIP" LINK AT THE TOP ONCE LOGGED IN TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
Billing Recurring Billing. By starting your OP membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the OP service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
No Refunds. ALL PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. IT IS THE RESPONSIBILIY OF THE SUBSCRIBER TO CHECK THEIR PROFILE TO DETERMINE PAY PERIODS AND MANAGE THEIR MEMBERSHIP. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Your Membership" link, available at the top of the pages of the OP website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellation. You may cancel your OP membership at any time, and you will continue to have access to the OP service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNPLAYED GAMES. To cancel, go to the "Your Membership" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "View billing details" on the "Your Membership" page. If you signed up for OP using your account with a third party as a Payment Method, and wish to cancel your OP membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the OP service through that third party. You may also find billing information about your OP membership by visiting your account with the applicable third party.
6. Communication Preferences- Communication Preferences.By using the OP service, you consent to receiving electronic communications from OP relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the OP service, or in the "Your Account" page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with OP. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new OP features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to the "Email preferences" link on the "Your Account" page of our website (www.OP.com/YourAccount) to manage your communications.
7. Use of Information Submitted OP is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the OP service, including the OP website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the OP service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note OP does not accept unsolicited materials or ideas for games, and is not responsible for the similarity of any of its games or site features to any ideas transmitted to OP. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against OP and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
8. Responsibility of Contributors. If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party (at the discretion of KSG); and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by KSG or otherwise.
By submitting Content to KSG for inclusion on your Website, you grant KSG a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, KSG may at its discretion, make reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, KSG has the right (though not the obligation) to, in KSG’s sole discretion (i) refuse or remove any content that, in KSG’s reasonable opinion, violates any KSG policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in KSG’s sole discretion. KSG will have no obligation to provide a refund of any amounts previously paid.
9. Responsibility of Website Visitors. KSG has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, KSG does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. KSG disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
10. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ObsidianPortal.com links, and that link to ObsidianPortal.com. KSG does not have any control over those non-OP websites and webpages, and is not responsible for their contents or their use. By linking to a non-OP website or webpage, KSG does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. KSG disclaims any responsibility for any harm resulting from your use of non-OP websites and webpages.
11. Copyright Infringement and DMCA Policy. As KSG asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ObsidianPortal.com violates your copyright, you are encouraged to notify KSG in accordance with KSG’s Digital Millennium Copyright Act (”DMCA”) Policy. KSG will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of KSG or others, KSG may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, KSG will have no obligation to provide a refund of any amounts previously paid to KSG.
12. Intellectual Property. This Agreement does not transfer from KSG to you any KSG or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with KSG. KSG, OP, ObsidianPortal.com, the Kaleidoscope Global logo, the OP logo, and all other trademarks, service marks, graphics and logos used in connection with ObsidianPortal.com, or the Website are trademarks or registered trademarks of KSG or KSG’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any KSG or third-party trademarks.
13. Termination. KSG may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ObsidianPortal.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by KSG if you materially breach this Agreement and fail to cure such breach within thirty (30) days from KSG’s notice to you thereof; provided that, KSG can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Disclaimer of Warranties. The Website is provided “as is”. KSG and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither KSG nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
15. Limitation of Liability. In no event will KSG, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to KSG under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. KSG shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
17. Indemnification. You agree to indemnify and hold harmless KSG, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
If you elect to seek arbitration or file a small claim court action, you must first send to KSG, by certified mail, a written Notice of your claim ("Notice"). The Notice to KSG must be addressed to: KSG Legal Escalations Long Point Road Horsford’s Business Centre, PO Box 853, Suites 5 & 6, Charlestown, West Indies, Saint-Christophe & Nevis ("Notice Address"). If KSG initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by KSG, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If KSG and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or KSG may commence an arbitration proceeding or file a claim in small claims court.
You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after KSG receives notice at the Notice Address that you have commenced arbitration, KSG will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless KSG and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of KSG’s last written settlement offer made before an arbitrator was selected (or if KSG did not make a settlement offer before an arbitrator was selected), then KSG will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND KSG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and KSG agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
20. Assignment. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; KSG may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
22. Entirety. This Agreement constitutes the entire agreement between KSG and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of KSG, or by the posting by KSG of a revised version.