Rise of Agon Legal Info

Terms of Service and EULA

By entering your personal information, opening an account, using the Rise of Agon game, accessing the Rise of Agon world, and clicking the "I Accept" button, you acknowledge having reviewed the following Terms of Service, that you agree to be bound by them, and waive any defense based on the method or manner through which your agreement to these Terms of Service has been entered into.

Welcome to Rise of Agon, created by Toxic Rain Studios LLC. There are two components to Rise of Agon: the game client that you install on your computer (the “Game”) and the online service where the virtual world is played (the “World”). Your use of the Game and the World is governed by these Terms of Service ("TOS") and the End User License Agreement ("EULA") that you agreed to when you installed the Game on your computer. You must agree to accept both the TOS and the EULA before you can play Rise of Agon. The TOS is set out in detail below and is also available on the Rise of Agon website. The EULA is incorporated into these TOS by this reference. By installing and playing Rise of Agon, you are specifically agreeing to both the TOS and the EULA terms and conditions.

1. Limited License to the World

Your participation in the Game and the World is subject to your ongoing agreement to and compliance with these TOS. Toxic Rain Studios LLC grants you a non-exclusive, non-transferable, revocable license to the Game and the World, subject to these TOS and the EULA. You may only use the Game and the World for your entertainment. Any commercial use of the Game or the World by you is strictly prohibited.

2. Conditions and Limitations

Your Limited License to the World and the Game is subject to the following conditions and limitations:

2.1: You will not use or distribute cheats, bots, hacks, mods, or any other third-party software not specifically offered or authorized by Toxic Rain Studios LLC that modifies or alters the Game or the World.

2.2: You will not commercially exploit the Game or the World by gathering or acquiring in-game currency, items, or resources, or by providing any services for financial benefit or payment outside the Game or the World.

2.3: You will not use any unauthorized third-party software that intercepts or otherwise collects information from or through the Game or the World, such as software used to collect data from your computer or from the World through your computer regarding a character in the Game or in the World, or any third-party-created player interface that is not specifically authorized by Toxic Rain Studios LLC.

2.4: You will not modify any files that are a part of the Game or the World, nor will you use any hacks or cheats while playing in the Game or the World.

2.5: You will not host, develop, or participate in any matchmaking services for the Game or the World unless specifically authorized by Toxic Rain Studios LLC.

2.6: You will not participate in or facilitate any unauthorized play of the Game or the World over the internet or any private network.

2.7: You will not participate in or facilitate any connection to the Game or the World on any server that is not authorized and maintained by Toxic Rain Studios LLC or those authorized to provide a server by Toxic Rain Studios LLC.

2.8: You will not disrupt or facilitate the disruption of any server used to support the World or any other player’s computer used to play the Game or access the World, including but not limited to ping bombing or denial of service attacks. You acknowledge that, in addition to such actions being a violation of these TOS and the EULA, they may also be in violation of criminal and civil law and could subject you to criminal and civil penalties.

2.9: You will not use the Game or the World in any manner that violates any law, governmental regulation, or interferes with any third-party rights.

3. Use

You acknowledge that the individual agreeing to the license and opening a player account is an adult, and that this license is for the use of the Game and the World on a single computer either for that adult or for one minor child for whom they are the parent or legal guardian, and whom they have authorized to use the account created by the adult parent or guardian.

4. Toxic Rain Studios LLC Ownership of the Game and the World

Toxic Rain Studios LLC, or the licensors of any additional or original works incorporated into the Game and the World, own all rights and title to the Game and the World. This exclusive ownership includes all player accounts and characters, any player virtual content acquired in the World with the Game, computer code, art, animations, sounds, musical compositions, visual effects, characters, character names, stories, dialogue, locations, concepts, moral rights, documentation, "applets" incorporated into the Game, and transcripts of chat, character profile information, player-generated recordings of games played, server technologies, and everything created with the Game or in the World. You understand and acknowledge that Toxic Rain Studios LLC will constantly make changes to the Game and the World and will, in its sole discretion, modify features, functions, or abilities of any element of the Game or the World, without limitation.

5. Rise of Agon Account

In order to play the Game in the World, each player must establish an Account with the Rise of Agon online system. When creating an account, you will provide Toxic Rain Studios LLC with personal and financial information as well as the Authentication Key provided to you when you purchased the Game. You must provide accurate information to Toxic Rain Studios LLC and update that information promptly if it changes. Once you establish your account, you will select a player name and set up a password for your account. Do not share your player name or password with anyone else. You are responsible for maintaining the confidentiality of your account player name or password, and you will be responsible for all uses of your account player name or password, whether you authorize its use or not. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your account player name or password, you must immediately notify Toxic Rain Studios LLC at the contact email address on the official Rise of Agon website, https://www.riseofagon.com.

6. Account Ownership

The account you create for Rise of Agon represents your license to play the Game in the World. It does not impart or represent any ownership right to you in any characters, items, or content in the Game or in the World. You understand and agree that all of the content in the Game and World are the exclusive property of Toxic Rain Studios LLC, and you have no property right or other vested interest of any kind in your account or in any of the in-game characters, items, or attributes acquired by your characters in the Game or in the World. You agree and acknowledge that any and all rights to your account are owned by Toxic Rain Studios LLC.

7. Management of Accounts

You acknowledge and agree that Toxic Rain Studios LLC, at its sole discretion, may suspend, modify, or delete your account at any time for any reason or for no reason, with or without notice to you. If for any reason your account is terminated, suspended, or altered in any manner, you will not be entitled to compensation for the time you spent playing the Game in the World or for any other compensation. For informational purposes only, and not as a limitation of Toxic Rain Studios LLC’ rights, most adverse account actions are related to violations of these Terms of Service or the EULA.

8. In-Game and In-World Conduct

Rise of Agon is for the entertainment and enjoyment of all of its players. Therefore, there are rules of conduct that help keep the game fun for everyone and protect Toxic Rain Studios LLC' rights. You must comply with these rules while playing the Game in the World and while posting on the related Rise of Agon forums, including those on any third-party fan sites. These rules must be complied with by everyone who plays Rise of Agon without exception. All account holders agree to comply with the rules of conduct. The rules set out here are in no way meant to limit any of Toxic Rain Studios LLC' discretionary rights regarding accounts or conduct. They are guidelines that should be followed at all times. Toxic Rain Studios LLC retains the right to change these rules of conduct at any time.

9. Player Conduct

The following rules of conduct apply to all players within the Game, the World, or on any official Rise of Agon websites or forums:

9.1: While playing Rise of Agon, you must respect the rights of others and their rights to play and enjoy the game.

9.2: You may not abuse, harass, or threaten another player or an authorized representative of Toxic Rain Studios LLC, including customer service personnel and volunteers. This includes, but is not limited to: filing support tickets with false information in an attempt to gain from it or cause someone else to suffer from it; sending excessive private messages or support tickets; obstructing Toxic Rain Studios LLC employees from doing their jobs; refusal to follow the instructions of a Toxic Rain Studios LLC employee; or implying favoritism by a Toxic Rain Studios LLC employee.

9.3: You may not post or communicate any player's real-world information (name, address, account names, etc.) in the Game, the World, or on the official Rise of Agon websites.

9.4: You may not use any abusive, defamatory, ethnically or racially offensive, harassing, harmful, hateful, obscene, offensive, sexually explicit, threatening, or vulgar language. (Alternate spelling or partial masking of such words will be reprimanded in the same manner as the actual use of such words) within the Game, the World, or on the official Rise of Agon websites.

9.5: You will report out-of-game issues regarding harassment, such as threatening phone calls or correspondence, to your local law enforcement officials or internet provider. Toxic Rain Studios LLC will not reveal personal information about its subscribers to unauthorized individuals. We are not responsible for actions taken by our subscribers that occur outside the jurisdiction of our game server, website, or social platforms.

9.6: You may not post or link to any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, or racially or ethnically offensive imagery or content within the Game, the World, or on the official Rise of Agon websites.

9.7: When communicating in Rise of Agon using Chat (including, without limitation, server-wide chat and the whisper command), you may not spam, flood, or make duplicate posts.

9.8: You may not impersonate or present yourself as a representative of Toxic Rain Studios LLC or a Rise of Agon volunteer. You may not impersonate or falsely present yourself as a representative of another player, group of players, character, or NPC entity within the Game, the World, or on any of our official channels.

9.9: You may not violate any local, state, national, or international laws or regulations within the Game, the World, or on the official Rise of Agon websites.

9.10: You may not market, promote, advertise, or solicit—including pyramid schemes and chain letters—within the Game, the World, or on the official Rise of Agon websites without Toxic Rain Studios LLC' explicit written permission.

9.11: You may not trick, cheat, or defraud fellow players out of in-game currency, items, or any other in-game items of value, except as part of legitimate in-game role-playing. You may not engage in these activities where out-of-game communications or real currency is involved.

9.12: You will follow the instructions of authorized personnel while in Rise of Agon or on any of our official channels.

9.13: You may not organize or be a member of any Guild or other groups within the Game or the World that are based on, reflect, or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate-mongering philosophies.

9.14: You may not publicly disclose, distribute, or post any private communications from Toxic Rain Studios LLC, their agents, representatives, or volunteers without authorization from the company. This includes but is not limited to all Toxic Rain Studios LLC & Rise of Agon websites and official channels such as Rise of Agon's official Facebook, Discord, Forums, Subreddit, and Public Chat inside the Rise of Agon game world.

9.15: Harassment or abuse of Toxic Rain Studios LLC staff and volunteers is prohibited, as they are trying to assist you. If you have a complaint, it can be lodged via our contact page here. Offensive comments or actions may result in temporary bans, mutes, or complete removal of service from any and all platforms handled by Toxic Rain Studios LLC.

9.16: Supporting or Aiding Banned Users: Users of this service are prohibited from aiding, supporting, or facilitating any individual who has been permanently banned from accessing or using our platforms. This includes, but is not limited to, sharing access credentials, enabling communication on their behalf, or any action that undermines the enforcement of the permanent ban.

10. Player and Guild Names

Each player gets to select a player name. However, these names have certain restrictions on them. Guilds are also an important part of the Rise of Agon Community. Therefore, the names of Guilds are also governed by the following rules:

10.1: You may not use any name that belongs to an employee of Toxic Rain Studios LLC, or anyone acting under the authority of Toxic Rain Studios LLC or its affiliates, within the Game, the World, or on any of our official channels.

10.2: You may not use any name that incorporates vulgar language or that is otherwise offensive, defamatory, obscene, hateful, or racially, ethnically, or otherwise objectionable.

10.3: You may not use any name that is, contains, or is substantially similar to a trademark or service mark, whether registered or not.

10.4: You may not use any name that belongs to any religious figure or deity.

10.5: You may not use any name that is from the Rise of Agon Game or World.

10.6: You may not use any name that relates to drugs, sex, alcohol, or criminal activity.

11. Use of Rise of Agon Content

You may use our images, text, and video or audio files from the Game and the World within the following rules:

11.1: The content must be used in a non-commercial context for private, personal use only, unless explicit permission has been granted in writing by Toxic Rain Studios LLC.

11.2: You must include all copyright and other notices associated with the content.

11.3: You will not create or display any content or videos of the Game or the World that alter the content in a negative manner to misrepresent the content or gameplay.

11.4: You acknowledge and agree that any use of Rise of Agon content does not in any manner impart any rights to you whatsoever, and that any content is the property of Toxic Rain Studios LLC and has not been conveyed to you except as permitted in these TOS and the EULA.

11.5: You agree that Toxic Rain Studios LLC has the right to request removal of your content at any time, for any reason, or for no reason.

11.6: You acknowledge and agree that you will not use our content on sites that contain or link to sites containing hacks or cheats, pornography, inflammatory content, infringing or unlawful content, or racial or sexist slurs and content.

12. Transfer of Account or Virtual Items Prohibited

Toxic Rain Studios LLC does not allow or recognize the transfer of accounts or any virtual items acquired in the Game or the World. You cannot sell, purchase, or trade any account, or offer to sell, purchase, or trade any account. Similarly, since Toxic Rain Studios LLC owns all of the content in the Game and the World, you cannot sell or purchase any virtual items or characters from the Game or the World. Similarly, you cannot trade in-game items from the Game or the World for money or anything else of value from outside the Game or the World.

13. Disclosure of Information

You acknowledge and agree that Toxic Rain Studios LLC has the absolute right, at its sole discretion and without notice to you, to disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities in response to a request by law enforcement, a court order, or other legal process, if doing so may protect your safety or the safety of others or protect or enforce Toxic Rain Studios LLC' rights in the Game and the World.

14. Active Game and Account Monitoring

You agree that Toxic Rain Studios LLC may use whatever procedures or protocols it may deem necessary to monitor your computer and activity in the Game and the World. This may include, but is not limited to, monitoring your personal computer to determine the validity of your installation, your account, and the Game, and to ensure that you are not using any third-party software that might violate these TOS or the EULA. You agree that Toxic Rain Studios LLC or its authorized agents may monitor, by any means, your computer’s CPU, operating system, video card, sound card, and memory information in order to analyze and optimize your Game experience, improve and maintain the Game and the World, or provide customer service. If you request customer service or technical support, you understand and agree to Toxic Rain Studios LLC or its authorized agents engaging in remote access and review of your computer for purposes of such support. In addition, though not obliged to do so, Toxic Rain Studios LLC may monitor, record, review, modify, or disclose any player chat in the Game or the World, whether voice or text, without notice, and you hereby consent to such monitoring, recording, review, modification, or disclosure. Notwithstanding the foregoing, you understand that you participate in any chat in the Game or the World at your own risk.

15. Multiplayer Environment

The Game and the World are accessed by multiple game players simultaneously. As a result, you may encounter other players who are rude, offensive, belligerent, or who may use indecent, obscene, threatening, or harassing language while playing the Game and in the World. You should report any instances of such behavior to Toxic Rain Studios LLC. Toxic Rain Studios LLC will endeavor to investigate and take whatever actions Toxic Rain Studios LLC, in its sole judgment, determines are reasonable under the circumstances. Toxic Rain Studios LLC does not guarantee that you will not encounter behavior from others that you may view as insulting, demeaning, offensive, threatening, or harassing. You assume all risk associated with playing the Game in the multiplayer World, and Toxic Rain Studios LLC assumes no responsibility for the conduct of any other players and shall not be liable to you or any other person for the conduct of any other players.

16. No Warranty

The Game and the World are provided "as is." Toxic Rain Studios LLC does not warrant that the Game or the World will be uninterrupted or error-free, that defects will be corrected, or that the Game or World are free of viruses or other harmful components. Toxic Rain Studios LLC disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Toxic Rain Studios LLC does not warrant that the Game or the World will continue to be provided in its present form or in any form.

17. Limitation of Liability

As a condition of the limited license to the Game and the World and of your continued use and access to the Game and the World, you agree that Toxic Rain Studios LLC or its agents, subsidiaries, licensors, or affiliates will not be liable in any way for damage or loss of any kind resulting from your use or inability to use the Game or World. This includes any loss or damage to your player characters, accounts, statistics, inventories, or player profile information, any interruptions of your ability to play the Game or access the World, any software or hardware failures, or any other event which may result in a loss of data or disruption of your ability to play the Game or access the World. You further agree that you will not assert or make any claim or suit against Toxic Rain Studios LLC or its agents, subsidiaries, licensors, or affiliates related to or based on your claimed ownership of any virtual character or goods in the Game or the World or for the deletion or termination of your player account or content, in whole or in part, for any reason or for no reason.

18. Governing Law and Venue

These TOS and the EULA incorporated herein are governed by and construed in accordance with the laws of Canada and will be binding upon the account holders in the Game and the World worldwide. You hereby agree to the jurisdiction of the appropriate judicial tribunal in the province of Ontario. You agree to the resolution of any and all disputes arising under these TOS and the EULA, or actions to enforce the terms of these TOS or the EULA, in the exclusive jurisdiction of Ontario Courts and waive any objection to such venue or exclusive jurisdiction.

19. Additional Toxic Rain Studios LLC Remedies

You agree that your compliance with these TOS and the EULA is necessary and reasonable in order to protect Toxic Rain Studios LLC and its business, and you expressly agree that monetary damages alone would be inadequate to compensate Toxic Rain Studios LLC for any breach of these TOS or the EULA. Accordingly, you agree and acknowledge that any such violation or threatened violation will cause irreparable injury to Toxic Rain Studios LLC and that, in addition to any other remedies that may be available in law, equity, or otherwise, Toxic Rain Studios LLC will be entitled to obtain injunctive relief against the threatened breach of the Agreement or the continuation of any such breach by you, without the necessity of a bond or proving actual damages.

20. Severability of Provisions

If a court of competent jurisdiction holds any term, covenant, or restriction of these TOS or of the EULA to be illegal, invalid, or unenforceable, in whole or in part, the remaining terms, covenants, and provisions will remain in full force and effect and will in no way be affected, impaired, or invalidated. If any provision in these TOS or the EULA is determined to be unenforceable in equity because of its scope, duration, geographical area, or other factor, then the court making that determination will have the power to reduce or limit such scope, duration, area, or other factor, and such provision will then be enforceable in its reduced or limited form.