Last Modified: January 5, 2016
Introduction. Welcome to the collective group of websites known as “The Wyr Deception,” which includes wyrdeception.com among other websites. We hope you enjoy your visits to our sites, the concepts, the storyline and features of what we believe is a compelling web-based journey into a unique narrative world with exciting interactive features that we have invited you to join. We want to make certain that you understand the legal terms and conditions by which you are participating as an online visitor, user and (we hope) eventual paying customer of The Wyr Deception.
BEFORE YOU BEGIN YOUR EXPLORATION, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
ARTICLE I. YOU AGREE AND ACKNOLWEDGE THAT THIS IS A BINDING CONTRACT.
ARTICLE II. INTRODUCTION TO THE WYR DECEPTION, THE WEBSITE, SERVICES AND APPLICATIONS.
What is The Wyr Deception and How Does Your Journey Extend Beyond the Website? The Website is a starting place for your journey into The Wyr Deception, which may be expanded with new or updated installments of content, features, and functionality from time to time. While a limited amount of content and features are free for registered users, most installments must be activated through subscription or a la carte payment by the user. Such features, may include a chat room, message board, newsgroup, or other interactive service that may be available to you on or through the Website (collectively, the “Services”), or any software program, applications or apps, which include without limitation, any functionality, such as instant messages, chat areas, bulletin boards, e-mail functions, that allow you to enhance your experience on the Website (collectively, the “Applications”). The Website, its Content (as defined below) and any Services (or in each case, any related Application) are collectively referred to as the “Interactive Story.”
ARTICLE III. USER AGE.
Because Rio Create provides, on occasion, content that has references to alcoholic beverages, including beer, wine and spirits, Rio Create is not intended for users under 13 years of age.
To access the Services and subscribe to them, you are required to confirm that you are at least 13 years of age at the time you subscribe by checking the acknowledgment check box on our registration page.
If you are at least 13 years of age, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the Interactive Story. Please have him or her read this Agreement with you.
WARNING FOR PARENTS/GUARDIANS AND USERS:Even if you are old enough to use the Interactive Story and/or have your parent’s or guardian’s permission, some of the content available within the Interactive Story may not be appropriate for you. Some content or material may contain material intended for a more adult audience, including nudity, profanity, and other mature subject matter, that may be very disturbing.
ARTICLE IV. RIO CREATE’S INTELLECTUAL PROPERTY RIGHTS AND CONTENT; LIMITED NON-COMMERCIAL LICENSE TO USE APPLICATIONS.
Rio Create Intellectual Property in Content and Marks. The Wyr Deception® is a Registered Trademark of Rio Create LLC. The materials contained in the Interactive Story, including all trademarks, names, logos, stories, narratives, videos, graphics, designs, text, images, software and other content and materials displayed on the Interactive Story (collectively the “Rio Create Content”) and the manner of presentation of such Rio Create Content, unless otherwise indicated, constitute the exclusive property of Rio Create, its affiliates, third party providers and/or any licensors (the “Rio Create Partners”), all of which is protected by, without limitation, U.S. and/or foreign copyright, trademark or other proprietary or intellectual rights and laws. All logos, trade names, trademarks, service marks, brand names, and other indicia of origin, whether or not registered (collectively the “Marks”) displayed on the Interactive Story are the property of Rio Create or the Rio Create Partners. By using the Interactive Story, you are acknowledging and agreeing to ownership by Rio Create or the Rio Create Partners in or to the Rio Create Content and the Marks, and agree not to challenge or assert any competing rights therein.
ARTICLE V. USER CONDUCT.
The Interactive Story, email distribution and any communications service, including the capability to contribute content, content material ideas or any other ideas by email or by use of a contribution form (each such submission, a “Contribution”), and Services are provided to you solely for entertainment purposes.
Without limitation of the foregoing, you agree to not use the Interactive Story to directly or indirectly:
ARTICLE VI. RULES RELATING TO CONTENT.
Content may Disappear, Change or be Preserved and be Disclosed at Rio Create’s Discretion.
Any or all Content on the Interactive Story may be purged, changed or modified periodically in Rio Create’s sole discretion, without prior notice.
You understand that the technical processing and transmission of the Interactive Story, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Rio Create assumes no responsibility for the deletion or failure to store Contributions to the Interactive Story.
You Should Not Rely on the Accuracy, Completeness or Usefulness of Any Content.
Remember, The Wyr Deception is a work of fiction, interactive narrative and a game. It may be an immersive user experience (or at least we hope so!) – however, there are important considerations you must acknowledge and agree to in using the Interactive Story.
Nature of Content and Limitations Generally.
You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Rio Create or submitted to Rio Create, including Content. You further acknowledge and agree that the views expressed on the Interactive Story do not necessarily reflect the views of Rio Create, and Rio Create does not support or endorse Content (including any Contribution, whether or not edited by Rio Create or its designee or presented on the Interactive Story edited or unedited, in whole or in part, or alone or with other Content).
Rio Create may update the Content on the Interactive Story from time to time, but its Content is not necessarily complete or up-to-date. Any of the material on the Interactive Story may be out of date or incorrect at any given time, and we are under no obligation to update such material.
ARTICLE VII. ACCESS TO PASSWORD PROTECTED/SECURE AREAS.
Access to and use of password protected and/or secure areas of the Interactive Story is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Interactive Story may be subject to prosecution. If you use the Interactive Story, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Rio Create immediately of any unauthorized use of your account or any other breach of security.
ARTICLE VIII. RESTRICTIONS ON USE OF MATERIAL.
The Content on the Interactive Story is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Interactive Story for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content of the Interactive Story. Only if you obtain prior written consent from Rio Create (and from all other entities with an interest in the relevant intellectual property) are you permitted to publish, display or commercially exploit any material from the Interactive Story. To seek permission, you may write to Rio Create at the address provided below. If permission is granted by Rio Create and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained on the Interactive Story.
ARTICLE IX. UNSOLICITED MATERIALS.
In operating this site, Rio Create does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Interactive Story or Rio Create mail and email addresses, or in any other way. Any information or material submitted or sent to Rio Create, will be deemed not to be confidential or secret. By submitting or sending information or other material to Rio Create you represent and warrant that the information is original to you and that no other party has any rights to the material.
ARTICLE X. LINKED SITES.
The Interactive Story may contain certain links to third parties’ websites (“Linked Sites”) from the Interactive Story. Linked Sites are not, however, reviewed, controlled, or examined by Rio Create in any way and Rio Create is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Rio Create’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Rio Create be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. Rio Create reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Interactive Story and/or introduce different features or links to different users.
Permission must be granted by Rio Create for any type of link to the Interactive Story or any Rio Create Content. To seek permission, you may write to Rio Create at the address listed below. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Interactive Story, at our discretion at any time.
ARTICLE XI. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Interactive Story may provide certain social media features that enable you to:
Permitted User Social Media / Linking Activities
Subject to the foregoing, you must not:
Prohibited User Social Media / Linking Activities
You agree to cooperate with us to immediately cease any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.
We may disable any or all social media features or any links, at any time, without notice, in our sole discretion.
ARTICLE XIII. ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS.
All purchases through our site or other transactions for the sale of goods or services or information (including access to other modules of The Wyr Deception) through the Interactive Story or as a result of visits made by you are using the PayPal service. You agree to comply with the PayPal Acceptable Use Policy.
ARTICLE XIV. DISCLAIMER OF WARRANTIES.
THE INTERACTIVE STORY IS PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, RIO CREATE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE INTERACTIVE STORY, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. RIO CREATE DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE INTERACTIVE STORY WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE INTERACTIVE STORY WILL BE UNINTERRUPTED OR ERROR-FREE. RIO CREATE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE INTERACTIVE STORY. YOU (AND NOT RIO CREATE OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet, the Website or the Interactive Story will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE INTERACTIVE STORY OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE INTERACTIVE STORY OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
RIO CREATE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ARTICLE XV. LIMITATION OF LIABILITY.
IN NO EVENT WILL RIO CREATE, ITS OFFICERS, DIRECTORS, MEMBERS EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE OR SERVICES, EVEN IF RIO CREATE OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE OR SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RIO CREATE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ARTICLE XVI. INDEMNIFICATION.
ARTICLE XVII. COPYRIGHTS; COPYRIGHT INFRINGEMENT CLAIMS; COPYRIGHT AGENT.
Notices of Copyright Infringement under the DMCA. Rio Create respects the intellectual property rights of others, and requires that the people who use the Interactive Story do the same. In accordance with Title 17, United States Code, Section 512(c) (2) and the Digital Millennium Copyright Act (“DMCA”), Rio Create has designated an agent to receive and review notices of alleged unauthorized online use of the materials of others. You must notify Rio Create’s Copyright Agent under the DMCA (address and contact information set forth below).
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement, which wave may then forward to the alleged infringer:
DMCA Notice Requirements
Upon receiving your complaint, Rio Create will investigate and upon investigation, Rio Create may or may not remove content that you believe infringes your copyright.
Where to Send DMCA Notices
E-mails containing such DMCA Notices should be addressed to “The Wyr Deception / DMCA Office Agent” and sent to Rio Create to: DMCA@wyrdeception.com
Mail providing such DMCA Notices should be sent to:
Name: Rio Create LLC, Attn: The Wyr Deception / DMCA Office Agent
Address: PO Box 925, New York, NY 10113
Procedures for Counter-Notification under the DMCA. If material that you have posted to the Website (or any related Application) has been taken down, you may file a counter-notification by contacting Rio Create’s copyright agent, who can be reached here, Attention: Copyright Agent, which counter-notification must contain the following details:
DMCA Counter- Notice Requirements
ARTICLE XVIII. APPLICABLE LAWS AND JURISDICTION.
We control and operate this site from our offices in New York, New York. We do not represent that materials on the site are appropriate or available for use outside of New York, New York. Persons who choose to access this site 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.
Any inquiries concerning these terms and conditions of use should be directed to: email@example.com.
ARTICLE XIX. WAIVER AND SEVERABILITY.
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
ARTICLE XX. ASSIGNMENT.
If you have any questions about this policy or our site in general, please contact us
Thank you for visiting the Website and participating in the Interactive Story. Please continue to enjoy The Wyr Deception.
Last Updated: January 5, 2016.