HOYLE ONLINE TERMS OF USE


Welcome to VU Games' Hoyle Online Games site ("Hoyle Online"). Hoyle Online is the copyrighted work of Vivendi Universal Games, Inc. ("VU Games") or its suppliers, and all use of Hoyle Online is governed by the terms and conditions contained in this "Terms of Use" document (hereafter referred to as the "Terms of Use"). Any use of Hoyle Online not in accordance with the Terms of Use is expressly prohibited.

  1. Limitations on Your Use of Hoyle Online. Your right to use Hoyle Online is limited by a number of factors which are listed here. Limitations on your right to use Hoyle Online may include, but not necessarily be limited to, the following:
    1. VU Games expressly reserves the right to create derivative works based on Hoyle Online. This means that you may not create derivative works based on Hoyle Online, without the express, written permission of VU Games.
    2. Only VU Games or its licensees have the right to host Hoyle Online. Accordingly, you cannot host, provide matchmaking services for, or emulate or redirect the communication protocols used by VU Games as part of Hoyle Online, regardless of the method used to do so. Such methods may include, but are not limited to, protocol emulation, tunneling, modifying Hoyle Online, adding components to Hoyle Online, or using a utility program to host Hoyle Online.
    3. You may not modify Hoyle Online to change game play, including, but not limited to, the creation of cheats and/or hacks, nor may you use any third-party software which is running at the same time as Hoyle Online that accesses the files which are part of the Hoyle Online software product, for any reason whatsoever. Additionally, you may not utilize any "packet sniffing" software, regardless of the operating system utilized by such software and regardless of whether or not such tools are running on the same computer as the client or any computer connected to that client or its network, or otherwise monitor Hoyle Online 's network connection while you are playing Hoyle Online.
    4. You may not institute an attack upon a Hoyle Online server or otherwise deliberately attempt to disrupt Hoyle Online servers. Neither can you institute any such attack which results in the disruption of any other player's client. ANY ATTEMPT BY YOU OR ANY OTHER PLAYER ON AN ACCOUNT TRACEABLE TO YOU TO DELIBERATELY DAMAGE HOYLE ONLINE OR UNDERMINE THE LEGITIMATE OPERATION OF HOYLE ONLINE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, VU GAMES RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
    5. You may not, whether intentionally or unintentionally, violate any applicable local, state, national or international law or regulation.
    6. You may not modify any files which VU Games does not specifically authorize you to modify.
    7. You may not remove any proprietary notices or labels on Hoyle Online without the prior consent, in writing, of VU Games.


  2. Hoyle Online Rules of Conduct.
    3. As with all things, Hoyle Online is governed by certain rules of conduct that must be adhered to by all users of Hoyle Online. It is your responsibility to know, understand and abide by these rules of conduct. The following rules are not meant to be "exhaustive," and VU Games reserves the right to determine what conduct it considers to be outside the spirit of the game and to take such disciplinary measures as it sees fit.
    1. Rules Related to User Names. Each user will select a name for his or her character. When you choose a screen name, or otherwise create a profile that can be seen by other players of Hoyle Online, you must abide by the rules of common decency. If VU Games, in its sole discretion, finds such a screen name or profile to be offensive, it reserves the right to change the name, remove the profile, and/or suspend your use of Hoyle Online.
      2. In particular, you may not use:
      1. Names of another person with the intent to impersonate that person;
      2. Names which incorporate 'swear' words or which are otherwise offensive, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
      3. Names subject to the rights of any other person without authorization;
      4. Names of popular culture or media personalities;
      5. Names that are trademarks, or registered trademarks (e.g., Ferrari, Zenith, Pepsi, Charmin);
      6. Names of religious individuals; (e.g., Buddha, Jesus, Allah, Jehovah, Lucifer);
      7. Names related to drugs, narcotics, or criminal activity, including references to drug substances (e.g., Heroin, Cocaine, Cannibus).
      Additionally, you may not purposely use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.


  3. Rules Related to "Chat" and Interaction With Other Users. Communicating with other Users and VU Games may or may not (in VU Games sole discretion) represent a part of Hoyle Online and is referred to in this document as "Chat." Your Chats are subject to review, modification, and deletion without notice by VU Games. When engaging in Chat in Hoyle Online, note that you may not:
    1. Transmit or post sexually explicit images or other content which in the sole discretion of VU Games is deemed to be offensive; nor shall you transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable content;
    2. Carry out any action with a disruptive effect, such as cause the Chat screen to "scroll" faster than other users are able to type to it, including setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;
    3. Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users, individuals or entities, including, but not limited to, posting "Spam" messages on Hoyle Online ("Spam" messages as used in this document include, but are not limited to, any effort to use a computer or other electronic device to post an unauthorized and/or unsolicited advertisement to Hoyle Online);
    4. "Spam" by posting or sending more than one unsolicited message or piece of mail to a single address or in a chat area;
    5. Communicate or post any user's personal information in or on the Hoyle Online, or websites or forums related to Hoyle Online;
    6. Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to another user of Hoyle Online or other person or entity; or
    7. Cheat during game play, including but not limited to modification of the game program files.


  4. Rules Related to Game Play. Game play is what Hoyle Online is all about. Accordingly, the rules that govern game play in Hoyle Online are taken very seriously by VU Games. Certain acts go beyond what is "fair" and are considered serious violations of these Terms of Use. Those acts include, but are not necessarily limited to, the following:
    1. All connections to Hoyle Online , whether created by the VU Games software products or by other tools and utilities, may only be made through methods and means expressly approved by VU Games. Under no circumstances may you connect, or create tools that allow you to connect, to Hoyle Online 's private binary interface or interfaces other than those explicitly provided by VU Games for your use.
    2. You may not use errors in design, features which have not been documented, and/or "program bugs" to obtain a competitive advantage over other players.
    3. You may not use any tools which hack or alter the Hoyle Online software.
    4. You may not use software products which "packet sniff" or provide scripting and/or macroing to obtain information from Hoyle Online to gain a competitive advantage over other players.
    5. You may not do anything that VU Games considers contrary to the "essence" of Hoyle Online.


  5. Account/Password Security. You are responsible for maintaining the confidentiality of your User Name and password, and you will be responsible for all uses of your User Name and password, whether or not authorized by you. Also, note that the security of your account is your responsibility. VU Games is not responsible in the event that your account is "hacked," or if your account or computer is damaged by a virus, or for any other issues with your computer or your account which may occur in conjunction with your use of Hoyle Online. If you think that your account has been compromised, please contact VU Games Technical Support, either through our System Operators or by calling VU Games' Technical Support phone number, and VU Games will do its best to assist you in recovering the security of your account. This may include helping to reset passwords, and/or offering basic suggestions for improving your account security. If you report your account stolen, hacked, or in any other way compromised, VU Games will suspend the account while we fully investigate the matter. This is to protect the owner of the account. Following this investigation, VU Games will determine the appropriate course of action.


  6. Consequences of Violating the VU Games Code of Conduct. VU Games, in its sole discretion, reserves the right to take whatever action it deems necessary to preserve the integrity of its game portal. Violation of any of the terms and conditions set forth above may result in actions being taken by VU Games which may include, but not be limited to the following: (i) VU Games may temporarily suspend your access to Hoyle Online , (ii) VU Games may immediately terminate your access to Hoyle Online , and/or (iii) in the event that VU Games 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 Hoyle Online , VU Games will cooperate fully with all governmental authorities and any lawful orders of the court with regard to the release of information that relates to you and your use of Hoyle Online , including but not limited to user Internet Protocol (IP) addresses, associated personal information and all other user information on file.
    Without limiting the actions listed above, VU Games retains the right to decline service to any user who violates the Hoyle Online Terms of Use.


  7. Experience Reimbursement. First and foremost, nothing in these rules will ever place a "duty" upon VU Games to reimburse you for any experience lost for any reason.


  8. Our Administration of Hoyle Online; Changes to the Terms of This Agreement. VU Games reserves the right, at its sole discretion, to change, modify, add, supplement or delete any of the terms and conditions of this Agreement at any time, including, without limitation, access policies, the availability of any Hoyle Online feature, hours of availability, content, data, software or equipment needed to access Hoyle Online, the amount of, or basis for determining, any fees or charges for Hoyle Online, and institution of new fees or charges for Hoyle Online, effective upon prior notice to you. VU Games will post notification of any such changes to Hoyle Online, or give notice of them to you via e-mail, postal mail or pop-up screen, at VU Games' sole discretion. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may cease to use your Hoyle Online account and terminate your Hoyle Online account. The continued use of Hoyle Online by you following your receiving a notice of changes to this Agreement will mean you accept any and all such changes. VU Games may change, modify, suspend, or discontinue any aspect of Hoyle Online at any time. VU Games may also impose limits on certain features or restrict your access to parts or all of Hoyle Online without notice or liability.


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


  10. Selling of Items. Remember, at the outset of these Terms of Service, where we discussed how you were "licensed" the right to use Hoyle Online, and that your license was "limited"? Well, here is one of the more important areas where these license limitations come into effect. Note that VU Games either owns, or has exclusively licensed, all of the content which appears in Hoyle Online. Therefore, no one has the right to "sell" VU Games' content, except VU Games! So VU Games does not recognize the "sale" of anything related to Hoyle Online. Accordingly, you cannot sell items for "real" money.


  11. Termination. This agreement is effective until terminated by either party. To terminate this agreement, you agree to remove Hoyle Online from your computer immediately. VU Games reserves the right to terminate this agreement without notice, if, in VU Games' sole discretion, you fail to comply with any terms contained in these Terms of Use. Note that it is the policy of VU Games to cooperate fully in criminal investigations, including but not limited to 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.


  12. Acknowledgments. You hereby acknowledge that:
    1. You assume the cost of all telephone charges and necessary servicing, repair or correction for connecting to Hoyle Online;
    2. As part of your registration process and in consideration for the privilege of accessing Hoyle Online, VU Games has the right to send your computer one or more "cookies" without any further notice to you, and VU Games 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 without any further notice to you;
    3. VU Games has the right to obtain "non-personal" data from your Internet browsing software in order to make certain demographic assumptions regarding the users of Hoyle Online without any further notice to you;
    4. VU Games does not warrant that Hoyle Online will be uninterrupted or error-free, that defects will be corrected, or that this site and/or service or the server are free of viruses or other harmful components;
    5. You may not be able to access Hoyle Online whenever you want, and there may be extended periods of time where you cannot access Hoyle Online;
    6. VU Games shall not be held liable for any delay or failure to perform;
    7. Hoyle Online requires the creation and retention of electronic files, including, but not limited to, player characters, accounts, statistics, user profiles, etc. ("Game Data"), which are stored by VU Games. While keeping Game Data safe is a priority of VU Games, note that VU Games shall not have any liability for the loss of any Game Data for any reason whatsoever, including but not limited to server failure, telephonic or network interruptions of any kind, defects, viruses or other harmful components, or negligent acts of VU Games and/or its affiliates;
    8. VU Games reserves the right, in its sole discretion, to modify or delete any information, including but not limited to Game Data and any other information accumulated, stored or uploaded on Hoyle Online;
    9. You are entirely liable for all activities conducted through your Hoyle Online account, and are responsible for ensuring that any other person who uses your Hoyle Online account is aware of the terms of this Agreement and complies with this Agreement. In the event that you become aware of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your User Name and password, you will notify VU Games by calling VU Games' Technical Support number or by e-mailing hoylefeedback@igl.net to report the suspected breach of security related to your Hoyle Online account immediately;
    10. VU Games will have no liability for any circumstances arising from the unauthorized use of a User Name, user's password or user's Hoyle Online account. Any fraudulent, abusive, or otherwise illegal activity involving your Hoyle Online account may be reported to appropriate law-enforcement agencies by VU Games. The terms of this Agreement shall extend to anyone that you allow to use your Hoyle Online account, User Name, or player character(s), and you are personally responsible and liable for the consequences that may result if any such person violates the terms of the Agreement, including but not limited to termination of your account, and loss of your User Name and characters.


  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 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.

(c) 2004 Vivendi Universal Games, Inc. All rights reserved.
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