Extrasolar® Terms of Service
Last modified: September 13, 2013
Welcome to Extrasolar!
Extrasolar is a game. While Extrasolar ("the Game") and the characters and situations that you encounter within Extrasolar may at times feel very real, they are in fact part of a fictional story. Extrasolar is created and maintained by Lazy 8 Studios™ in San Francisco, California, United States.
By participating in the Game, you are agreeing to these terms. Please read them carefully.
Playing the Game
You must be at least 13 years of age to play the Game.
Don't misuse the Game. For example, don't interfere with the Game or try to access it using a method other than the interface that we provide. You may use the Game only as permitted by law, including applicable export and re-export control laws and regulations. We reserve the right to suspend or stop providing access to the Game at any time, even if you have a paid account.
Participating in the Game does not give you ownership of any intellectual property rights in the content you access through the Game. You may not use content from the Game unless you are sharing such content via the provided mechanisms. These terms do not grant you the right to use any branding or logos used in the Game. Don't remove, obscure, or alter any legal notices displayed in or along with the Game.
In connection with your use of the Game, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
You will need to create an account in order to use some of the features of the Game. If you learn of any unauthorized use of your password or account, please change your password immediately by visiting the login page and using the password reset link.
Privacy and Copyright Protection
Information we collect
We collect information to provide better services to all of our users. We collect information in two ways:
- Information you give us. For example, in order to play the Game, you must sign up for an account. When you do, we'll ask for personal information, like your name and email address. If you want to take full advantage of the features offered by the Game, we might also ask you to include your address or credit card information required to upgrade your account.
- Information we get from your use of our services. We may collect information about how you use the Game, like when you visit websites that are part of the Game and how you interact with the content. This information includes:
- Device information: We may collect hardware-specific information such at the type of device you use to access the Game.
- Log information: When you access the Game, we may automatically collect and store certain information in server logs, including your Internet protocol (IP) address, cookies that may uniquely identify your browser, or device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
- Cookies and anonymous identifiers: We use various technologies to collect and store information when you visit the Game, and this may include sending one or more cookies or anonymous identifiers to your browser.
How we use information we collect
We use the information we collect from the Game to maintain, protect and improve it, to develop new services, and to protect the Game and our users.
When you create an account in the Game, we automatically generate a public profile that can be viewed by others. We may display the name you provide in your public profile.
When you contact Lazy 8 Studios, we may keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our the Game, such as letting you know about improvements or expanded content.
We use information collected from cookies and other technologies to improve your user experience and the overall quality of the Game.
Lazy 8 Studios may have servers located in many countries around the world. We may process your personal information on a server located outside the country where you live.
Some users may set their browser to block cookies, including cookies associated with the Game. However, it's important to remember that the Game will not function properly if your cookies are disabled.
Information you share
Some information, such as your first name and last initial, will be made available to be others through your public profile. Because this information is shared publicly, it may be indexable by search engines.
Accessing and updating your personal information
Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
Information we share
We do not share personal information with companies, organizations and individuals outside of Lazy 8 Studios unless one of the following circumstances apply:
- With your consent: We will share personal information with companies, organizations or individuals outside of Lazy 8 Studios when we have your consent to do so.
- For legal reasons: We will share personal information with companies, organizations or individuals outside of Lazy 8 Studios if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- meet any applicable law, regulation, legal process or enforceable governmental request.
- enforce applicable Terms of Service, including investigation of potential violations.
- detect, prevent, or otherwise address fraud, security or technical issues.
- protect against harm to the rights, property or safety of Lazy 8 Studios, our users or the public as required or permitted by law.
We may share aggregated, non-personally identifiable information publicly and with our partners -- like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of the Game.
If Lazy 8 Studios is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information.
We work hard to protect users of the Game from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:
- We may encrypt access to the Game using SSL.
- We restrict access to personal information to Lazy 8 Studios employees, contractors and agents.
Our Warranties and Disclaimers
We provide the Game using a commercially reasonable level of skill and care and we hope that you will enjoy playing. But there are certain things that we don't promise about the Game.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER LAZY 8 STUDIOS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE GAME. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE GAME OR ITS RELIABILITY OR AVAILABILITY.
WE PROVIDE THE GAME "AS IS". SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.Liability for our Services WHEN PERMITTED BY LAW, LAZY 8 STUDIOS AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LAZY 8 STUDIOS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE GAME.
IN ALL CASES, LAZY 8 STUDIOS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
About these Terms
We may modify these terms or any additional terms that apply to the Game to, for example, reflect changes to the law or changes to the Game. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. If you do not agree to the modified terms for the Game, you should discontinue your use.
These terms control the relationship between Lazy 8 Studios and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or relating to these terms or use of the Game. All claims arising out of or relating to these terms or the Game will be litigated exclusively in the federal or state courts of San Francisco County, California, USA, and you and Lazy 8 Studios consent to personal jurisdiction in those courts.
For information about how to contact Lazy 8 Studios, please visit our contact page at www.lazy8studios.com/contact.
Why the age restriction?
Extrasolar is a game. However, it's quite different from other games and there may be times when you're not sure where the game ends and reality begins. Extrasolar is not self-contained and you may, at times, find yourself linking from domains within the game to websites that we don't control.
There is no violence in Extrasolar, but some of the themes have a mature nature. For instance, the story may refer to violent events and may simulate engaging in illegal behavior.
I believe we use the word "dammit" in a couple of places, but that's as bad as it gets.
Due to COPPA (The Children's Online Privacy Protection Act) in the United States, it's our understanding that any website that collects email addresses for users must limit access to children under the age of 13. It should be noted that Extrasolar also creates a public profile page that lists the participant's first name and last initial. We hope to eventually meet COPPA requirements, but for now, we're being extra cautious.
This legal constraint is unfortunate as we believe that Extrasolar will be an exciting and educational experience for participants of all ages. We encourage parents to create an account with their own name and email address and play with their kids.
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