Tos/Toc thoughts

Pandagnome

Kaiju Slayer
Fart Siege
Welcome Wagon
Happy Kaiju
Jul 27, 2016
7,887
10,170
113
Island of Tofu
#1
After having another read of the Tos it made me wonder:

In section 2 i think that warnings are important but it could be mentioned, it may not be required since situations can vary. What examples could be shown that does not require a warning and rather an instant action e.g. Spoofing to mascarade as a Dev staff?


In section 4 it states prohibiting of harassment could it add this protects the members of the Em8er community too?

In section 5 what are the 3rd party verification services is this just for payment?

In section 6 i was a little concerned with regards to any reason what if it was mentioned as specific reason.

In section 10 the Tos can be changed without notice anytime which i feel is unfair instead it could be that the Tos could change anytime and notice will be announced regarding the changes through an update.



[TOS]

By continuing to utilize Crixa Labs LLC (Company) game products (Service and Services including but not limited to Em-8ER), our game forums, Discord servers and associated social media, including comments and replies, you hereby irrevocably and unconditionally agree to these terms and rules.


Game, Discord and Forums Rules (Service and Services) Agreement for Em-8ER and Crixa Labs, LLC.

  1. You agree we are not responsible for any user posted comments and content, and that such views are of the poster alone and do not represent the views and opinion of the community or staff. Failure to moderate such content is in no way condoning or approving such content.
  2. You agree to refrain from ad hominem or personal attacks. Any post containing them is subject to moderation and may result in a warning or account ban. A warning is not required before a ban is issued, and such action is at the sole discretion of Em-8ER Moderators and Company.
  3. You will not use the Service to submit or link to any content which is defamatory, abusive, hateful, threatening, spam-like, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws
  4. We prohibit harassment of any kind, including sexual harassment. Harassment is any verbal or physical conduct designed to threaten, intimidate, or coerce an employee, co-worker, agent, or staff, occurring anywhere, published, or distributed in public or private or in person, at any location.
  5. All content you submit, or upload may be reviewed by staff and also may be sent to third-party verification services. Do not submit any content you consider to be private or confidential. The determination of whether any content violate our policies is at our sole discretion.
  6. We reserve the rights to remove or modify any content submitted for any reason without explanation. Requests for Content to be removed or modified will be undertaken only at our discretion.
  7. We reserve the right to take action against any account with the Service at any time for violation of any of these rules. You agree that violation of these rules can result in warnings, suspensions, and bans on any or all part of the Service.
  8. You are granting us with a non-exclusive, permanent, irrevocable, unlimited license to use, publish, or re-publish your Content in connection with the Service.
  9. You are granting us a non-exclusive, permanent, irrevocable, unlimited license to any ideas, suggestions, documents, designs, artwork, and other content you submit to any of ours Services for use with our Company’s games and products.
  10. These terms may be changed at any time without notice.
  11. Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its law regarding conflicts of law. All actions or proceedings with respect to this Agreement shall be instituted only in any state or federal court sitting in Orange County, CA.
  12. The parties irrevocably and unconditionally subject to the jurisdiction (both subject matter and personal) of each such court and irrevocably and unconditionally waive any objection that the parties might now or hereafter have to the venue of any of such court.
  13. The parties irrevocably and unconditionally subject to the jurisdiction (both subject matter and personal) of each such court and irrevocably and unconditionally waive any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.
  14. Where permitted under the applicable law, you and Company 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 action.
  15. Unless both you and Company agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

Date Last updated: 2022-07-01 PT
 
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Pandagnome

Kaiju Slayer
Fart Siege
Welcome Wagon
Happy Kaiju
Jul 27, 2016
7,887
10,170
113
Island of Tofu
#4
Change without notice is industry standard
Perhaps it could be worded like this?

"We may revise these Terms at any time by amending this page. You must check this page, from time to time to take notice of any changes we make"

That to me sounds like you have informed them and protects the company!