POLICIES, TERMS, AND EULA

BY USING OUR SITE AND/OR OUR GAME, YOU AGREE TO THE FOLLOWING​

Posted 03/12/2021

  • Previously Updated 12/15/2021

  • Recently Updated 04/02/2022.

​Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the Sybirathia website and game (the "Service") operated Sybirathia ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.​
 

SYBIRAHTIA, LLC's OWNERSHIP

All right, title and interest in Sybirathia and to this Site, the Materials and all associated Proprietary Rights are owned by Sybirathia, LLC, and no ownership of any of the foregoing items is transferred to you by virtue of this Agreement or Sybirathia's permitting you to use the Site.

User Submissions

While Sybirathia, LLC welcomes your comments and feedback regarding its products and services, Sybirathia does not accept or consider any materials for use in any of its products or services which have not been specifically requested by Sybirathia. In the event that you post or upload any content to the Site (“User Content”) and/or in the game, including but not limited to Sybirathia’s forums, you understand and agree to the following terms:

Limitation of Liability and Indemnity

To the extent permitted by applicable law, in no event will Sybirathia be liable, whether in contract, warranty, tort, product liability, strict liability or other theory, to you or any other person or entity for any damages (including, without limitation, any indirect, incidental, special or consequential damages) arising out of or in connection with any use of, inability to use or results of use of this Site or any Materials on or in this Site, even if Sybirathia or its representative has been advised of the possibility of such damages.


You agree to defend and indemnify Sybirathia, its parent, subsidiaries, licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Sybirathia arising out of or from your use of the Site.

Intellectual Property​

The Service and its original content, features and functionality are and will remain the exclusive property of Sybirathia LLC and its licensors.

Links to Other Web Sites

 

  • Our Service may contain links to authorized only other sites that are not operated by us.

  • ​If you click on a third party link, you will be directed to that third party's site.

  • ​We strongly advise you to review the Privacy Policy of every site you visit.

  • ​We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

 

  • Individuals and companies, and or their representatives (staff, agents, etc.) may not post any links without clear previous authorization.

  • Failure to comply will result in an immediate deletion of your account without warning or notice.
  • Attempting to re-apply said unauthorized links and/or submissions may also result in further legal action pending the severity of the violation.
  • By becoming a member of this site, this company or participating in and/or usage of any product(s) and/or service(s) provided by Sybirathia, LLC is not an automatic license or grant of rights to post or email any content not previously authorized.

Furthermore...

  • Sybirathia has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.

  • You further acknowledge and agree that Sybirathia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

  • We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

​DISCLAIMER

Your use of the Service is at your sole risk.

  • We are held no way liable for persons under the age of 18 accessing AOP (Adult Only Pass) restricted content that requires a specific paid for AOP to view or access such content.

  • ​We reserve the right to also restrict any content we consider AOP at our on discretion meaning that if we feel or perceive any content is or borderlines adult content it will be restricted accordingly without notice upon the moment of discovery.

  • ​The Service is provided on an "AS IS" and "AS AVAILABLE" basis.

  • ​The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We use "cookies" to collect information

  • You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent.

  • However, if you do not accept cookies, you may not be able to use some portions of our Service.

 Governing Laws 

  • These Terms shall be governed and construed in accordance with the laws of United States of America and related laws of the State of Oregon without regard to its conflict of law provisions.

  • Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

  • ​If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

  • These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

​​

​Compliance Expectations

  • All members including players, staff, legal representatives, sponsors, licensors, volunteers, vendors, investors, administrators, moderators, developers, partners, subsidiaries, as anyone associated with Sybirathia, LLC and its products and services are expected to be compliant with these Polices, Terms and EULA without exception.

  • Selective enforcement of these Polices, Terms and EULA without exception will not be tolerated.

​​

Anti-Spam Rules and Expectations

There are several things that may constitute spamming and means by which individuals spam sites. To clarify what will constitute spam includes the following.

  1. Entering multiple emails to join and back end violation of Solicitations Policies

  2. Sending content that is prohibited by our policies, which includes sending unsolicited emails.

  3. Not responding properly to an inquiry from  Owner(s) staff member(s) or authorized moderators about the source of an email list or email address.

  4. Sending unapproved and unauthorized  campaigns of any kind via forums, emails or any other means.

Examples of Spam

  • Any email message that is sent to a recipient who had previously signed up to receive newsletters, product information or any other type of bulk email, but later opted-out by indicating to the sender that they did not want to receive an additional email, then that email is spam.

  • Any email message that is sent to a recipient without a way for a person to opt-out or request that future mailings not be sent to them, is spam.

  • Any email message that is sent to non-specific addresses such as: sales@domain.com, business@domain.com, webmaster@domain.com, info@domain.com, or other general addresses.

  • Any email messages sent to a purchased list of email contacts.

  • Any email message that does not have a valid email address in the From Line is spam.

  • Any email that does not include a valid physical address. A phone number is also recommended (but not required).

  • Any email message that contains any false or misleading information in the header, subject line or message itself is spam.

  • Any email that says you can earn $1000’s each week from home is spam.

  • Any anonymous email or emails that do not contain the required elements. Since spammers often use anonymous email accounts to do their work, you can’t create a trial account using some anonymous or other such tags @yahoo.com, @hotmail.com, @gmail.com, (etc) email accounts.

  • Any emails using the same name with numbers and the same email service are red flagged and are regarded as spamming and potential alt attacks usch as anonymous-1234@gmail.com, anonymous-1235@gmail.com, and so forth where the only change is the number and the IP address, State and or Country is detected and found to be the same. 

  • An email campaign that is sent and later receives what is deemed to be ‘excessive’ spam complaints from recipients, may be considered spam. If this occurs, you may be contacted by support with a request to make specific changes to your email before sending additional campaigns.

Prohibited Content Spam

  • Please don’t use Forums, Messaging and/or emails or any other means of communication to send anything offensive, to promote anything illegal, or to harass anyone. The following list includes examples of content that are prohibited:

  • Pornography, adult content, escort or dating services, or content promoting adult novelty items.

  • Material that exploits children or discloses personal information of children under 18.

  • Materials selling or promoting illegal products, drugs or substances.

  • Material that is grossly offensive or threatening in any way.

  • Content that introduces viruses, worms, harmful code and/or Trojan horses on the Internet.

  • Content that violates the FTC’s CAN-SPAM Law.

  • Material that encourages violence against any governments, groups or individuals.

  • Affiliate marketing or multi-level marketing products and/or services.

  • List broker or list rental services

What is Not Spam

Below are examples of content that is *not* considered SPAM:

  • Anytime an organization sends a mass email message to its present and/or past customers, it is NOT spam provided that the organization offers a way for the customer to opt-out of future mailings and that the customer did not previously opt-out and have been authorized as a paying customer of Sybirathia, LLC.

  • An email message is NOT spam if the recipients in anyway requested email to be sent to them from the sender or the sender’s organization and they have not opted-out of your list.

  • An email message is NOT spam when sent to recipients who agreed to receive information or promotions from a partner organization (as long as there is a clear opt-out option).

  • An email message is not spam if it abides by our  terms of service and polices, and is sent to a recipient who attended a show, event, function, webinar or similar, and they have provided you with their email address and contact information with the understanding that they may receive future correspondence and the recipient did not previously opt-out.

  • A message is NOT spam if it is sent to addresses that have been properly collected using opt-in or double-opt-in policies from your website, or from a partner site, or through a co-registration site/form, so long as the recipients are made aware at the time of sign up that they may receive emails from third parties.

  • All emails must include a relevant title, from and reply-to address that is a valid email address, and the bricks ‘n mortar, physical address and phone number.

  • All emails must from a said company come from the company's representative via a company email and a clear link to their primary website: I.E.  representative@companyname.com/.net/.org.

Requirements of Mass Emailing

  • An accurate and proper subject line.

  • An accurate and proper website source.

  • A valid Unsubscribe / Opt-out link to all campaigns. This is required. Removing this from a message is a violation of Sybirathia’s policies.

  • The sender’s valid postal address.

  • The sender’s valid phone (optional but highly recommended).

  • A valid and direct means for contact that does not utilize redirects to other site or sub-site locations.

We Reserve the Right to Review Email Marketing Campaigns and Contact Lists

Our employees and independent contractors, are permitted to copy and transmit copies of the content from your email campaigns to develop algorithms, heuristics and computer programs (“Tools”) to help us more efficiently spot problem accounts and to use such tools, together with personal viewing by employees and or independent contractors, to uncover Members who violate either these Terms of Use or applicable law. We also reserve the right to analyze and monitor your contact lists for possible bad, invalid or spam-trap addresses.

Report Suspected Scammers, Bad Senders and Fraud

If you are reporting SPAM, please forward the contents of the offending information, including all header information to the Site Administrator by providing:

  • A copy of the SPAM either as a snapshot or text message including the company website or personal email used..

  • Specify the time and number said solicitations.

  • Then Block the sender.

  • Whenever possible do not communicate with a questionable solicitor, nor open any of their links.

  • As a personal precaution be sure to use or activate such as BitLocker on your system if it is an option.

USAGE OF FORUMS

 

  • You are not allowed to have more than one account.

  • You are allowed to have more than one Forum post for different subjects.

  • Trolling the Forum will get you banned, deleted and blocked.

  • make sure your question in the Forum has not already been posted so it won't be deleted.

  • If you break a rule, then you will either be warned or banned pending the seriousness of it.

  • Please report any broken thread/post to the moderators or admin.

  • Respect each other and yourself.

  • Keep posts relevant to the forum topic.

  • No spamming / Advertising in the Forum.

  • Do not post copyright/intellectual property-infringing material.

  • Do not post “offensive” posts, links or images.

  • Do not cross post questions (posting the same question in several forum areas).

  • Remain respectful of other members at all times.

  • Do not post for charities or ask for money.

  • Do not post clearly illegal or unauthorized content.

  • If you are uncertain about Self-promoting, contact admin before posting such in Forum.

  • Typically we do not allow links to your web portfolio in the Forum. Get admin permission first.

  • If you are not sure about a possible post, contact the Admin or available moderators.

  • Do not send the same inquiry to the admin and all available moderators or it will be considered or viewed as harassment and may result in you being banned from the Forum, and or your membership deleted and access blocked indefinitely.

 

​More or Less they are the same rules, policies, terms and conditions throughout the website...

 

Think about our audience and their shared interests. Which topics are most relevant, useful or engaging to them? Remember that we building a community around our business pf volunteer game developers and end users (players) for our 3D world, so do your best to anticipate member and visitor needs and interests. The same applies to everything else in the Forum. Keep in mind, your post should fuel connection and offer continual value to one another.

Types of content here can fall within several areas such as:

  • Hobbies, interests or fan-based content

  • Member Role Playing and Social Interactions

  • Education and research for game development and expansion

  • Education for one another on options provided on our website

  • Volunteers with Professional or job-related skills and interests

  • Product, service and/or support-based information and assistance.

 

DEFINE GOALS

 

Describe what you hope to achieve with your posts.

 

  1. Your interest or intentions should be clear, concise and inspiring.

  2. To get started, brainstorm core values you want community members to share, like diversity, inclusiveness, creative expression, concepts, collaborations, mutual support and so forth.

 

Create Structure

 

  1. Media-based communication between members

  2. Clarity of Forum post in titles.

  3. Adding post to the right category.

  4. Create help topics/discussions to refer others to.

  5. Keep it specific, clear, helpful and respectful.

 

PRIVATE POSTS

 

  1. Private posts are typically for "staff" members only. This is specific to volunteer developers, moderators and the admin.

  2. It is possible for members to create Private forum posts that will be accessible to "staff" only and it is being looked into to create such for private RPs in the future but as present is specific for "staff" accessibility.

  3. Unless you are a volunteer in some capacity do not use the private staff only feature or it will be removed and a warning (that will also be kept civil and respectful) will be given with a notice that repeatedly trying to create "Private Posts" for staff will result in being banned from the Forum and possibly result in membership being deleted and blocked.

​Unauthorized use of Company Logo(s), Trademarks, Copyrights, name, content images and/or other Intellectual Properties.

​​

  • Intellectual property refers to intangible creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

  • ​Sybirathia and its symbol are the sole intellectual property of their creator, Raymond S. G. Foster. 

  • ​We hereby acknowledge that Raymond S.G. Foster is the sole inventor and creator of the name and associated symbol in June of 2012 and has also registered the name under his own Federal Identification Number issues by the IRS (Internal Revenue Service) of the United States of America.

  • ​By publishing this Website and usage of the name and symbol, the name and symbol is under copyright protection the moment it has been created and fixed in this observable and tangible form.

  • ​You many modify or alter the name or the symbol without permission from the owner.

  • ​Any attempt to copy or claim use of the name and or its symbol for any use not authorized by the owner is infringement and will be subject to legal action in the court of the owner's choice for any said unauthorized usage.

  • ​Other than for purposes of critical reviews or references to the company and its products and services is prohibited.​

  • Volunteers, Staff, Members or other involved parties​.

  • ​No volunteers, staff, members or other directly or indirectly involved individuals, groups, and or businesses have any rights or claims or implied rights or claims to the name and or associated symbol.

  • ​Participants in the development of Sybirathia may only use the name and symbol of Sybirathia and Sybirathia LLC while working on the project and or using such as a point of reference for at will volunteered work and or references to volunteered work performed for this company (Sybirathia LLC).

Save for the reason of refinement of the name by shape or design and or the logo by shape and design as updated acts of stylizing and artistic presentation for Sybirathia's product and or services, by the authorization of Raymond S.G. Foster or his appointed representative, such are herein not to otherwise change, modify or alter any part of the name or its symbol.​

Sybirathia's trademark Rights

When you use Sybirathia’s Marks, whether in whole or in part, you are acknowledging that Sybirathia, LLC is the sole owner of the trademark, and that you will not in any way interfere with Sybirathia, LLC’s rights in the trademark. All goodwill that is derived from your use of any part of a Sybirathia Mark exclusively inures to the benefit of, and belongs to Sybirathia, LLC exclusively.

Therefore, Do Not...

  • You MAY NOT modify or alter Sybirathia the name (herein the Brand) or its symbol (herein Logo), or use them in a way that confuses Sybirathia or its games with another brand, game, or game developer/publisher.

  • You may not ​use or imply by term, statement or presentation the brand or logo in a plural or possessive form, or implies ownership;

  • ​You may not use the brand or logo or any other confusingly similar marks on any apparel, product, toy, or any other merchandise;

  • ​You may not use the brand or logo in conjunction with your name or any other trademark or trade name, e.g. Acme Sybirathia, Acme Sybirathian, and so forth unless otherwise authorized;

  • ​You may not use the brand or logo in a way that is deceptive, harmful, obscene or disparaging to others;

  • You may not ​present or feature the name or logo on websites containing content or advertising associated with pornography, gambling, or illegal activities;

  • You may not use the logo, name, brand or content for the sales of private merchandise such as products and services.

  • ​You may not use the brand or logo in the domain name of your website's URL;

  • ​You may not apply for trademark registration of a product, service, etc., with a name that includes the brand or logo;

  • ​You may not use the brand or logo inn a manner that, in the owner's sole opinion, is unlawful, misleading, defamatory, obscene, infringing, tortuous, disparaging, abusive, or otherwise objectionable or inappropriate;

  • ​You may not use the brand or logo in any manner than implies a relationship with, sponsorship, or endorsement by Sybirathia unless otherwise authorized by Sybirathia, LLC in writing.​

  • Other than for purposes of critical revues, you may not share, distribute or otherwise post or publish any aspect of this company and/or game(s) anywhere, be it by electronic or other means.

Rights of usage:​

  • When you use Sybirathia (the brand, logo, game,  products and/or services), whether in whole or in part, you are acknowledging that Raymond S.G. Foster is the sole owner of the brand, name, logo, trademark and related company specific content, and that you will not in any way interfere with his or Sybirathia, LLC’s rights to the same.

  • Any authorized non-commercial usage must retain and have present the trademark symbol and or registered copyright (™, ®) the first time that a Sybirathia, or Sybirathia, LLC Mark appears in your material.

  • You are required to provide credit to Sybirathia, LLC by using the credit lines associated with the Marks, names, and or titles that you use.

  • All goodwill that is derived from your use of any part of a Sybirathia, and/or Sybirathia LLC's exclusively insures to the benefit of, and belongs to, Raymond S.G. Foster and his company Sybirathia, LLC and flagship game Sybirathia, and/or any other games produced and or managed by Sybirathia, LLC.

  • Other than to adjust the overall size of the logo our Unauthorized use policies as stated and outlined previously apply.

  • Lastly, with the exception of the limited rights to use the the brand or logo that are permitted under these Guidelines, you understand and agree that you are not granted any other rights of any kind, by implication or otherwise, to use the brand or logo without clear and specific written and notarized permission and/or contract(s).

Guidelines specifically for Custom Maps:

  • The following are the only trademarks allowed to be used in association with Custom Maps: in relation to Sybirathia™, and/or Sybirathia, LLC™.

  • Don’t use our Marks or Name alone in the title of your map (e.g., Mr. Skulls Weird Space).

  • If your map has a credits section you must include an attribution of Sybirathia, LLC’s ownership of the Sybirathia and/or Sybirathia, LLC Marks, e.g. “Sybirathia  is a trademark/registered trademark of Sybirathia, LLC..”

Revocation of Consent:​

  • Consent to use any aspect of the company, the game and or its products, services, features, brand, log or any other aspect or element directly or indirectly associated with Sybirathia, LLC may be withdrawn by the owner/company at any time at will, and reserved to Raymond S.G. Foster's sole and absolute discretion with or without written notice or any other aspect, feature or attribute of Sybirathia, LLC (the company), Sybirathia (the game) and/or related products and services.

 

OTHER POLICIES AND TERMS OF USAGE

You may only use this Site and any materials found in this Site (including, but not limited to, any images, logos, designs, insignia, marks, pictures, sounds, text, messages, tools, software, technology, products, files, information, data, demos, promotional materials, audiovisual and multimedia works and any other items or expressions) (collectively, "Materials") in accordance with the terms and conditions of this Agreement, and you agree to comply with these terms and conditions at all times.

Limited License. Subject to the terms and conditions of this Agreement, Sybirathia, LLC grants you a non-exclusive, non-transferable license, to access and use this Site for your personal use only. Such license is subject to this Agreement and does not include:

 

(a) any commercial use of the Site or the Materials therein;

(b) the distribution, public performance, public display, making publicly available, or other unauthorized exploitation of any Materials;

(c) modifying or otherwise making any derivative uses of the Site or the Materials, or any portion thereof;

(d) downloading (other than the page caching) of any portion of the Site, the Materials or any information contained therein, except as expressly permitted on the Site; or

(f) any use of the Site or the Materials other than for their intended purposes. Any use of the Site or the Materials other than as specifically authorized herein, without the prior written permission of Sybirathia, LLC, is strictly prohibited and will terminate the license granted herein.

 

Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.Sybirathia, LLC may revoke this license at any time.

User Conduct. Your use of the Site, including the forums made available on the Site, is strictly subject to your compliance with Sybirathia, LLC’s Code of Conduct (“Code of Conduct”).

 

  • While the Code of Conduct describes certain actions Sybirathia, LLC may take against your account for failure to comply with the Code of Conduct, such descriptions are not exclusive or exhaustive, and are intended primarily for informational purposes.

  • Please be aware that your failure to abide by the Code of Conduct at all times shall constitute a violation of this Agreement, and may terminate your license to access or use the Site.

Code of Conduct

​Our goal is to help you identify the particular forms of online harassment and bullying you’ may experience for addressing such abuses. We define some but not all of the forms such harassment or bullying can take and by using this website and our the Service and Product (Website and Game environment) you agree to comply with these definitions and terms. These also include using Sybirathia's Service and Product to commit cyber crimes and we will in the event of more serious situations pursue legal actions against such offenders in cooperation with relevant authorities.​

  • Cyber Mobbing: Cyber-mob attack occurs when a group gathers online to try to collectively shame, harass, threaten, or discredit someone and do so with the intention to compel them to quit using the service or to harm themselves.

  • Cyber Stalking: Cyber Stalking” is any action that implies or exhibits the intention of prolonged use (a “course of conduct”) of online harassment intended “to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate” a person or to compel said persons to kill and or injure themselves or others.

  • DoS Attacks: A DoS (Denial of Service) Attack is any means used with the intention to overwhelm and temporarily or indefinitely disrupts internet service by overwhelming a system with data, resulting in the web server crashing or becoming inoperable.

​​

  • Alt Attacks: An Alt attack occurs when an individual or a group creates multiple alternative player accounts o try to collectively shame, harass, threaten, or discredit someone and do so with the intention to compel them to quit using the service.or to harm themselves.

  • Doc Drops: (Dropping Documents) is any revenge tactic involves publishing someone’s sensitive personal information online in an attempt to harass, intimidate, extort, stalk, or steal the identity of a person. This includes posting social security numbers, phone numbers, home addresses, personal photos, employment information, email addresses, and family members’ personal data, or any other content that is intended to "expose" or identify a person.

  • Hacking and Cracking: This is any unauthorized intrusion into a device or network, often carried out with the intention to attack, harm, or incriminate another individual by stealing their data, violating their privacy, or infecting their devices with viruses. When hacking is used to perform illegal activities or intimidate a person, service or business, and includes also bypassing and breaking through security protocols and measures constituting a cyber-crime.

  • Hate Speech: Hateful speech is hereby defined as a form of expression attacking a specific aspect of a person’s identity, such as one’s race, ethnicity, gender identity, religion, sexual orientation, or disability. Hateful speech online often takes the form of ad hominem attacks, which invoke prejudicial feelings over intellectual arguments in order to avoid discussion of the topic at hand by attacking a person’s character or attributes.

Clarifications:

Negative Racial / Ethnic Remarks, Representations, Etc.

This category includes both clear and masked language and/or links to websites containing such language or images which:

  • Promote racial/ethnic hatred

  • Are recognized as a racial/ethnic slur

  • Allude to a symbol of racial/ethnic hatred

I

f a player is found to have participated in such actions, they will:

  • Be temporarily banned from the forums

  • Be given a final warning, after which any further Code of Conduct violations may result in a permanent ban from the forums

Threats are any action or statement used to intimidate another player and includes such as threatening to do them harm physically, sexually, socially and or financially. Treats also include shamming someone for their gender (misogyny = expressing hatred and claims of inferiority or insignificance of the female gender, and misandry = expressing hatred and claims of inferiority or insignificance of the male gender).

Zero Tolerance for Intimidation tactics

  • Message Bombing: The intentional flooding of a person’s or institution’s communication means or channels such through but not limited to chats, forums, emails, phones, computers, mobile devices or any other such means with messages meant to limit or block a user’s access to an operating system or platform. This also includes any activities deemed to be spamming.

  • Non-consensual Submissions: This includes any personal images or video clips or audio recordings sent to another continuously after being told to cease and desist from continuing to do so, and or "revenge porn" such as distribution of private, sexually-explicit images, audio recordings or videos of individuals without their consent.

  • Impersonation of Others: This is not the same as creating an online avatar and character name but rather copying such things pretending to be someone else, hoaxing user accounts, and using such means to damage the name and reputation of another person. We also define this as pretending to be a representative of this company (staff), a third party service, law enforcement and so forth in attempts to also "scare" or "coerce" others into actions they would not normally do (such as favors for anonymity, sending money, and or any and all illegal trades and transactions or interactions).   

Any action used to deliberately irritate and harasses other players within the game, using aspects of the game in unintended ways or 'ganging up' on a specific player preventing them from equally enjoying or using the service/product. We also consider any anti-newb type propaganda, commentary or actions taken against any new members by established ones as griefing which will not be tolerated.

  • General Harassment: Any action such as but not limited to "begging" for "benefits, virtual goods," repeated intrusion and harassment of others having normal and civilized conversations, any petty and retaliatory actions when instructed to "knock it off or stop doing something that is bothering or annoying others, and general trolling. 

  • Sexual harassment by anyone: We do not care if this is from an adult or minor. Any sexual bullying, or any other unwanted sexual attention being directed at others as already outlined, intentional individual or group initiated act of humiliating or using discriminatory sexual content or references towards others, or attempting to motivate a group "exclusion" attack based on someone's gender or sexual origination (Heterosexual, Homosexual or Bisexual), submission of any and all sexual requests be it modest to explicit when already told to cease and desist from doing so, or using sexual threats, or coercive tactics to try and force or manipulate another to participate in unwanted sexual behavior online, or blackmailed with sexual content into such "participation" will not be tolerated.

  • General Trolling: We define General trolling as any action involving inflammatory comments or suggestions with the express purpose of causing needless anger or hostilities, and/or the repetitive posting of inflammatory or hateful comments online by an individual whose intent is to seek attention, intentionally harm a target, cause trouble and/or controversy, and/or join up with a group of trollers who have already commenced a trolling campaign, and/or seeking to or attempting to organize a group of trollers to commence a trolling campaign.

Methods also prohibited:

  1. Such methods are also identified as a group of trolls working together to overwhelm a target through a barrage of disingenuous questions, threats, slurs, insults, and other tactics meant to shame, silence, discredit, or drive a target offline.

  2. ​And/or pose as fans or supporters of your content with the intention of making harmful or demeaning comments masked as constructive feedback (I.E. how to improve appearance to make one more attractive, or how to be better in relationships with others) often as veiled sarcasm and overall disingenuous comments designed to undercut, humiliate or demean you and/or others.

  3. ​This is where online gamers cross over into offline consequences.

  4. This usually occurs after a doxing incident with the express purpose to put such information out to be accessed by more extreme harassers and bullies.

  5. The most common form is seeking enough information about someone so as to file a false report or hoax call is placed to law enforcement detailing a completely false but plausibly threatening event that the caller claims is taking place in a target’s home or business at the moment a call is placed.

​​

  • SWATTING: The term comes from calling in to compel a SWAT team of fully armed offers to storm a location putting the target and the target’s family in grave danger of being killed. Because of how serious this is, anyone caught attempting to "SWAT" others will be reported to the authorities ans will be subject not only to punishment by cyber crime laws, but an immediate filing of a law suit by Sybirathia, LLC for using the website, product(s) and/or services for such criminal activities and damaging the reputation of the name and company.

Reverse Age Roll Play is Strictly Prohibited​

  1. Reverse Age Roll Play is pretending of an age younger than you are (An Adult pretending to be a minor) or a minor pretending to be an adult, and or a group of adults pretending to be minors involved in adult relationships, or minors pretending to be adults in adult relationships as all such things will be considered predatory actions as well as advocating child molestation, pedophilia and all other such disgusting sex crimes.

  2. ​This also includes, but not limited to, intentionally seeking a relationship with another adult, pretending to be an adult and only later revealing your are not an adult and then in an act of revenge falsify a claim of an adult seeking an unwanted relationship with you with the express purpose of ruining their reputation and or resulting in them being arrested for pedophilia and sexual delinquency or misconduct with a minor, otherwise known as entrapment.

  3. ​Any text based form of such reverse age role play and/or suggestive or explicit representation of such content will result in such accounts being terminated upon discovery and treated as advocating child molestation, pedophilia and all other such disgusting sex crimes.

​Who is considered a minor?​

Here at Sybirathia it is anyone who is not truly 18 plus years of age regardless if they "identify" as being an adult or not. We do not play around with "identity politics" or make room for such being used as an excuse for using our service(s) or product(s) in any manner that they are not intended to be used or how they are accessed and by whom. ​

Note: We do not make special considerations for other countries if the recognized age for adulthood is under 18 years of age and abide by this determination at the sole and absolute discretion of the owner of this company and its products and services.

While it is true that what defines a person as a minor by age varies in each country, Sybirathia is headquartered in the United States of America. For that reason we strictly enforce the definition of a minor as any person under 18 years of age without any special considerations.

 

  • Child Protection Laws in the United States are clear. A minor is someone who is under the age of 18 years of age. End of story. We likewise enforce this without question or hesitation.

  • Be Mindful that the catch here is that unless content is expressly adult in nature, persons at least 13 years of age can sign up for a diverse range of services, especially through such as social media.

  • Also be aware that as much as 80% persons 13 years of age use such public social media and other venues and platforms and online products and services.

This means that while we will do everything in our power to protect both adults and minors from predatory actions or inappropriate behavior, adults need to be made clearly aware that the person(s) they may be interacting with may be as young as 13, and in some cases even younger if permitted by a parent or legal guardian, especially where minor status varies from country to country as to what is defined as underage, legal and illegal. When such is in question we default to 18+ years of age as the default adult status.

  • If you are a minor, defined here as a person under 18 years of age, either do not use this product or service, or be mindful that your behavior can also put someone 18 or older who is not a sexual predator or sex offender into a registered sex offender status.

  • If you are an adult use your head and pay attention to how the persons you interact with say things, behave or otherwise drop unintentional clues you are not dealing with an adult. Granted, there are plenty of adults that can come across as childish or child like for any number of reasons.

  • However, with so many minors able to access and interact in adult capacities they can learn how to be 'mature' for their ages. In short when in doubt, don't. And even when certain, without being able to verify for yourself without risking a violation of these terms, still use caution in regards to who you are socializing and interacting with online.

  • You will find throughout our terms and policies we specify 18+ as being an adult person with no exceptions to that rule.

  • If you have concerns the person(s) you are interacting with are not 18+ years of age do not engage in any communications or suggestive role play outside of a paid for AOP when using the standard free access membership account and game play. 

  • The 'excuse" of seeing or having seen 'others" doing such is not in and of itself a grant of leniency and you as an adult are accountable and need to remain mindful of that at all times.

  • Furthermore such parties are likely subject to careful review and closer examination for legal reasons that would not be being disclosed publicly for reasons of investigation and monitoring.

  • You as an adult person 18+ years of age should also recognize that as a said adult, that such an excuse is both nonsensical for an adult and wont hold water in a United States Court of Law.

  • As a minor you also will not hold an excuses here. Don’t Role Play sexual situations here, ever.

  • The potential to hurt yourself, and also an adult needlessly is factually massive and can ruin someone's life forever that didn't deserve it. It does not matter what your gender or their gender happens to be.

  • As such we seek to protect adults from child predators as much as children from adult predators. It is intolerable all around.

  • ​If as a minor you knowingly misrepresent yourself as an adult to another adult and/or Role Play any lewd or erotic content, we will consider the action as Entrapment and will be reported to the appropriate legal authorities.

  • Your information will likewise be collected, preserved and shared as evidence regardless if you are a resident of the United States of America (North America) or not and you will not be welcomed back to any aspect of Sybirathia or its subsidiaries.

  • If you’re an Adult and Role Player of lewd or erotic content with someone you know is a minor, you will be reported without notice to the proper authorities and your submitted information will likewise be shared with said legal authorities, and you will not be welcomed back to any aspect of Sybirathia or its subsidiaries regardless if you are a resident of the United States of America (North America) or not.

Notice to Minors 

  • Many of us are experienced and seasoned gamers and know and have experienced issues with other (not to be named) sites that tend to be lax on enforcement of policies on persons under the age of 18.  We will not be so lax.

  • This means many will have had situations where such have Role Played in relationships that involved intimacy, sex, marriage, with people who "Swore" up and down to be adults only to later be found out and confronted.​

"We are aware that as a teen or or group of teens that may be using our service(s) and product(s) will have the opinion that you and they could get away with it, so why shouldn’t  you and them?" So for clarification "why you should not" is as follows:​

  • You will get caught.

  • You will be reported to the proper authorities.

  • It will be considered entrapment.

  • Pending the severity we will pursue legal restitution.

  • Your account will not be refunded.

  • Your content will be removed.

  • Your accounts will be terminated.

  • Your IP addresses will be banned indefinitely.

  • Minors can be charged and listed as sexual predators.

  • And many states have laws that if you commit or involved in adult crimes you will do adult time.

Furthermore your legal parent or guardian will be informed of your actions by default as a consequence of such behaviors and/or activities, whether alone or with others. 

​​

  • We take the safety of adults just as seriously as the safety of minors subjected to unwanted attention of such a nature.

  • ​Don't be stupid and don't risk your future over nonsense.​

The laws are changing all the time.

  • Courts are becoming more aware of these activities.

  • ​Lax companies that punish adults but let minors slide or "get away with it" are shutting down even if said Public Relations people for them manage to dodge this issue as a cause.

  • ​It only takes one pissed off judge to ruin your life because of you "just having fun playing  people" online, no matter how much money your family may or may not have.

"Examples are made" all the time.

  • It's worse when some politician starts pushing actions against minors directly for entrapment of adults and its the last thing you and your friends or anyone else needs.

  • ​The whole "you just want what you want, and don’t give a damn who you might hurt as long as your get your way is a fast closing door and we will be one of those sites and games that will help slam it shut.

  • ​Play responsibly or don't play at all. 

Account Trading

This category includes both advertising your account or characters for sale or trade, or advertising that you are looking for an account or characters to purchase through:

  • Forum posts

  • Linking to eBay or other online marketplaces

  • Listing you have something for trade and then offering your contact information

 

If a player is found to have participated in such actions, they will:

  • Be given a final warning, after which any further Code of Conduct violations may result in a permanent ban from the forums

  • Be permanently banned from the forums

  • Be removed from the Website

  • Banned from usage of the Game

Extreme Sexuality / Violence

This category includes both clear and masked language and/or links to websites containing such language or images which:

  • Refer to extreme and/or violent sexual acts

  • Refer to extremely violent real life actions

  • Pornography

 

If a player is found to have participated in such actions, they will:

  • Be permanently banned from the forums

  • Be removed from the Website

  • Be Banned from usage of the Game

  • Be subject to possible legal action

Real-Life Threats

This category includes both clear and masked language and/or links to websites containing such language or images which:

  • Refer to violence in any capacity that is not directly related to the game world

 

If a player is found to have participated in such actions, they will:

  • Be permanently banned from the forums

  • Be removed from the Website

  • Be Banned from usage of the Game

  • Be subject to possible legal action

 

Distribution of Real-Life Personal Information

This category includes:

  • Releasing any real-life information about other players or Sybirathia, LLC's owner(s) and/or employees.

If a player is found to have participated in such actions, they will:

  • Be permanently banned from the forums

  • Be removed from the Website

  • Be Banned from usage of the Game

  • Be subject to possible legal action

 

Sexual Orientation & Gender

This category includes both clear and masked language and/or links to websites containing such language or images which:

  • Insultingly refer to any aspect of sexual/romantic orientation or gender identity/expression (male, female, transsexual-gender, bi-gender, heterosexual, bisexual, or homosexual, and or marital or relationship status or lack of relationship status (IE single/complicated).

 

If a player is found to have participated in such actions, they will:

  • Be permanently banned from the forums

  • Be removed from the Website

  • Be Banned from usage of the Game

  • Be subject to possible legal action

Posting Cheats, Hacks, Trojan Horses or Malicious Programs

 

This category includes:

  • Posting links to cheats, hacks, or malicious viruses / programs

  • Unauthorized use or accessing of accounts

  • And general illegal use and or access of personal identification

If a player is found to have participated in such actions, they will:

  • Be permanently banned from the forums

  • Be removed from the Website

  • Be Banned from usage of the Game

  • Be subject to possible legal action

Posting Unreleased Content / Hacking Data Files

This category includes language and/or links to websites containing such language or images which:

  • Show unreleased in-game items, equipment, or areas that have been unlocked by hacking into client data files

  • Show the results of hacking or any tampering of the game’s MPQ files

  • Discuss, or display any data not available through normal game play

 

If a player is found to have participated in such actions, they will:

  • Be permanently banned from the forums

  • Be removed from the Website

  • Be Banned from usage of the Game

  • Be subject to legal action

 

Obscene / Vulgar

 

This category includes both clear and masked language in posts, signatures, and/or links to websites containing such language or images which:

  • Are an inappropriate reference to human anatomy or bodily functions

  • Are pornographic in nature

 

If a player is found to have participated in such actions, they will:

  • Be given a temporary ban from the forums, depending upon severity

 

While these repercussions may seem harsh, we feel very strongly that this behavior has no place on the forums due to its extremely offensive and inappropriate nature.

Harassing or Defamatory

This category includes both clear and masked language and/or links to websites containing such language or images which:

  • Insultingly refer to other characters, players, Sybirathia, LLC employees, or groups of people

  • Result in ongoing harassment to other characters, players, Sybirathia, LLC employees, or groups of people

 

If a player is found to have participated in such actions, they will:

  • Be given a temporary ban from the forums, depending upon severity

 

Harassment takes many forms, and is not necessarily limited to the type of language used, but the intent. Repeatedly targeting a specific player with harassment can lead to more severe action. The idea behind this is to prevent any one player from consistently being uncomfortable in the forums.

Major Real World Religions or Religious Figures

This category includes both clear and masked language and/or links to websites containing such language or images which:

  • Negatively portray major religions or religious figures

 

If a player is found to have participated in such actions, they will:

  • Be given a temporary ban from the forums, depending upon severity

 

Nationality

This category includes language and/or links to websites containing such language or images which:

  • Promote national hatred

  • Are recognized as national slurs

  • Allude to symbols of national hatred

 

If a player is found to have participated in such actions, they will:

  • Be given a temporary ban from the forums, depending upon severity

 

Illegal Drugs or Activities

This category includes both clear and masked language and/or links to websites containing such language or images which:

  • Reference to abusing illegal drugs

  • Reference to performing illegal activities

 

If a player is found to have participated in such actions, they will:

  • Be given a temporary ban from the forums, depending upon severity

Advertising

This category includes advertisement of:

  • Any non-beneficial, non-Sybirathia, LLC related businesses, organizations, or websites

 

If a player or member  is found to have participated in such actions, they will:

  • Removed from the game and the website without prior warning or notice.

Discussing Disciplinary Actions

You are not authorized to discuss any disciplinary actions to anyone by way of identify the violator. This excludes general posts as to why individuals and or organizations may be removed without notice from the Website and the Game.

This category includes:

  • Creating posts or threads to discuss disciplinary actions taken against a player, including chat logs and email correspondence between a player and a Game Master (GM)

  • Creating posts or threads to discuss disciplinary actions taken against a character or account on the forums

Circumventing a Suspension / Ban

This category includes:

  • Posting on another account

  • Having someone post on your behalf

 

If a player is found to have participated in such actions, they will:

  • Subject to removal without notice, and

  • Subject to possible legal action pending the severity of involvement.

IMPORTANT TO NOTE

  • Repeatedly violating any area of the Sybirathia, LLC's Terms of Use or Code of Conduct, or any other aspect of these polices, including the areas detailed above, will often result in permanent banishment from the forums.

  • This policy is not language-restrictive. Language that falls under this policy will always be subject to the repercussions listed, whether it is inappropriate in English or any other language.

Privacy Policy​

  • Sybirathia ("us", "we", or "our") operates the Sybirathia website and game (the "Service").

  • This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.

  • We will not use or share your information with anyone except as described in this Privacy Policy.

  • ​We use your Personal Information for providing and improving the Service.

  • ​By using the Service, you agree to the collection and use of information in accordance with this policy.

  • ​Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.​

Refunds Policy

 

Our refund policy is clear, specific and transparent. As a general rule we do not offer refunds, credit transference to other accounts or account merging. Specific conditions must be present before a possible refund or credit of some form is offered. We cannot give refunds or credits should someone use a third party site or service if such is listed somewhere i  the game world or a listed authorized company/advertiser. These are as follows: The specifications are as follows. 

Conditions for refund:

  • In some cases we will offer some form of refund or crediting to a member's account "in game" if such as an error of processing and updating of information occurs.

  • If such does occur we will require a submission of s screen shot, a specific notice of the time and date of purchase when the error occurred, and screen shot of the charge to account from your financial institution (i.e. bank, or credit card), and a screen shot of any error messages if you have them. 

  • You have requested a cancellation within 5 days of the purchase and can show through a screen shot of the cancellation attempt, but were charged anyways.

  • You can provide evidence that you did not authorize a purchase to be made within 5 days of the purchase.

  • You can show proof you have been double charged on a single purchase within 5 days of the charge in question.

If you are unable to get a refund but meet the guidelines listed above, or have a special circumstance, "Contact Us" to explain your situation. If a refund is authorized, the time for it to appear in your account is contingent on communication between our payment accounting service and your financial institution which can take up to two weeks before the refund is visible in your accounts. 

We do not offer refunds/credits if you do not meet the criteria above.

Information Collection and Use 

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information ("Personal Information") may include, but is not limited to:

  • ​Email Address

  • Chat Services

  • IP Addresses

  • Registered Accounts

  • ​Log Data 

We collect information that your browser sends whenever you visit our Service ("Log Data").

This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.​

Cookies 

  • Cookies are files with small amount of data, which may include an anonymous unique identifier.

  • Cookies are sent to your browser from a web site and stored on your computer's hard drive.

  • We use "cookies" to collect information.

  • ​You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent.

  • However, if you do not accept cookies, you may not be able to use some portions of our Service.

​Service Providers 

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

​Security 

The security of your Personal Information is important to us, but remembers that no method of transmission over the Internet, or method of electronic storage is 100% secure.

  1. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

  2. ​For security reasons and safety of both adults and minors Admin will have the ability to use such means as a single click of a button to review any account’s private inboxes and chats.

  3. ​While we will keep most of such information entirely confidential, we reserve the right and authority as a condition of usage of this service that if we find a threat to the safety of others present (and especially minors)we will transfer a copy of said interactions, including but not limited to IP addresses, account information, and other related records as a secondary file of conduct to the proper authorities. 

  4. ​We will also allow proper authorities the same access to review such communications that raise concerns without notice.

We have open access to your private direct messages in case we and/or said authorities need to monitor interactions that go against these policies and additionally any and all local, state, and federal laws.

​​​

If you do not agree with this do not use our service(s) or product(s).

​Children's Privacy 

Our Service does not address directly anyone under the age of 18 ("Children"). We do not knowingly collect personally identifiable information from children under 18.

  • If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us.

  • Be advised that some of our content is not suitable for persons under the age of 18 and in such a case is restricted content.

  • Restricted contend is restricted as AOP (Adults Only Pass) and requires a paid for pass with age verification.

  • ​If we believe or discover a person under 18 has provided us with false information to secure an AOP (Adults Only Pass), or has had assistance falsifying information so as to access such content, we will delete the information and the account and may pursue further legal action against any and all parties to the fullest extent of the law in a court of law of our choice.

  • If you believe as a parent or guardian that your child or person under 18 years of age has provided us with false information, or has been assisted in any way by other persons who are 18 years of age or older to pay for and access restricted content, notify us immediately and we will shut down and delete said account.

  • If we discover or believe that a person under 18 has provided us with Personal Information, we will delete such information from our servers immediately and will close down the person's account.

Compliance With Laws 

  • We will disclose your Personal Information only when required to do so by law or subpoena or in a situation wherein we pursue legal action for unauthorized use and trespasses of our products and services.

  • ​Be aware that we do not offer refunds of any paid for content and/or accounts.

​Changes To This Privacy Policy 

  • We may update our Privacy Policy from time to time.

  • We will notify you of any changes by posting the new Privacy Policy on this page.

  • You are advised to review this Privacy Policy periodically for any changes.

  • Changes to this Privacy Policy are effective when they are posted on this page.

​Ignorance of Policies​

  • Claim of ignorance of these terms and policies is not freedom from compliance.

  • Any violation of these terms and policies may result in us taking legal action against such violations and seek compensation for any damages to the products, services, name and reputation of this company to the fullest extent the law allows. 

 

DISPUTE  RESOLUTION

1) APPLICABILITY OF THIS DISPUTE RESOLUTION POLICY

 

Our Dispute Resolution Policy (“Agreement”) is a part of the contracts between you and Sybirathia, LLC., (collectively, “Sybirathia”), which governs the resolution of any dispute, controversy, or claim, whether based on contract, tort, fraudulent misrepresentation, statute, regulation, constitution, common law, equity, or any other matter that arises out of or relates to Sybirathia, LLC's End User License Agreement (“Dispute”). By registering and using any of Sybirathia's services, you hereby consent to this Agreement.

2) DISPUTES.

 

In an effort to accelerate resolution and reduce the cost of any Dispute related to, or arising out of Sybirathia's End User License Agreement, which is incorporated into this policy, you and Sybirathia agree to first attempt to negotiate any Dispute (except as set forth in Section 5 below) informally for at least thirty (30) days before either party initiates any arbitration or court proceeding.

  • Negotiations will begin upon receipt of written notice by the party raising the Dispute. Sybirathia will attempt to send its notice to your e-mail you provided to us.

  • We are not held liable for your failure to provide and maintain clear means by which to send you such notices or a failure to respond within 30 days of receipt of said notices.

3) BINDING ARBITRATION

If a Dispute cannot be resolved through negotiations, either you or Sybirathia may elect to have the Dispute (except as set forth in Section 5 below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. You should review this provision carefully. This arbitration provision limits your and Sybirathia ’s ability to litigate claims in court and you and Sybirathia each agree to waive your respective rights to a jury trial.

  • The arbitration shall be commenced and conducted by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, which are available at the JAMS website ( http://www.jamsadr.com/ ). This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision contained in this Agreement.

  • If, for any reason, JAMS is unable to provide the arbitration, you may file your Dispute with any national arbitration company under the Commercial Arbitration Rules of the American Arbitration Association.

  • The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of arbitrability, including where a party raises as a defense to arbitration that the claims in question are subject to one or more Exceptions to Negotiations and Arbitration in Section 5, below.

  • Where any action includes claims that are arbitrable and claims that are not, the entire action shall be stayed, absent a showing of prejudice to the complaining party, pending the completion of the arbitration of the arbitrable issues. You or Sybirathia can request the stay be lifted upon a showing of prejudice.

  • Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures.

  • The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and Sybirathia, and any award of the arbitrator may be entered in any court of competent jurisdiction.

  • THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation. However, the arbitrator shall shift such fees and costs to ensure that you do not pay significant forum fees. In addition, you shall not be required to pay any type of fee or cost in arbitration that you would not have had to pay had you been free to file your claim in court. The parties understand that the right to discovery may be more limited in arbitration than in court. However, each side will be permitted discovery sufficient to allow that side a fair opportunity to present or defend their claims.

4) CLASS AND COLLECTIVE ACTION WAIVER

 

You and Sybirathia mutually agree that any arbitration or court proceeding shall be limited to the Dispute between Sybirathia and you individually. YOU ACKNOWLEDGE AND AGREE THAT:

  • A CLAIM BY, OR ON BEHALF OF, OTHER PERSONS, WILL NOT BE CONSIDERED IN, JOINED WITH, OR CONSOLIDATED WITH, THE ARBITRATION PROCEEDINGS OR ANY COURT PROCEEDINGS BETWEEN YOU AND SYBIRATHIA;

  • THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED, ADJUDICATED, OR RESOLVED THROUGH COURT PROCEEDINGS ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND

  • YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS FOR ANY DISPUTE SUBJECT TO ARBITRATION OR ANY DISPUTE BROUGHT IN COURT.

Any Dispute regarding the prohibitions in the prior sections shall be resolved by the arbitrator in accordance with this Agreement. If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, you agree that the parties’ contract to arbitrate is then void, and any ongoing or future Dispute will be submitted to a court of competent jurisdiction within the County of Clackamas, State of Oregon, United States of America, to the exclusion of arbitration. Any Dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or Sybirathia agree to class or collective procedures in arbitration or court proceedings or the joiner of claims in arbitration or court proceedings.

5) EXCEPTIONS TO NEGOTIATIONS AND ARBITRATION

You and Sybirathia mutually agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration:

  • any Dispute seeking to enforce or protect, or concerning the validity of, any of Sybirathia’s intellectual property rights;

  • any Dispute related to, or arising from, claims that the other party has committed piracy, or tortuous interference; and

  • any claim within the jurisdictional limits of the small claims courts.

6) LOCATION OF ARBITRATION

Arbitration will be limited to the United States of America ("USA"). If you are a resident of the  USA, any arbitration shall be initiated in the County of Clackamas, State of Oregon, United States of America, to the exclusion of all other venues..Sybirathia, may, of its own accord, petition for a change of venue as deemed necessary.

 

For residents outside the USA, any arbitration shall be initiated in the County of Clackamas, State of Oregon, United States of America. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within the Clackamas, State of Oregon, United States of America, and you and Sybirathia agree to submit to the personal jurisdiction of that court.

7) GOVERNING LAW

  • Except as expressly provided otherwise, all Disputes shall be governed by and construed under the laws of the United States of America and the law in the County of Clackamas, State of Oregon, United States of America, without regard to choice of law principles.

  • The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

8) SEVERABILITY

You and Sybirathia agree that if any portion of this Agreement is found illegal or unenforceable, such portion shall be severed and the remainder of this Agreement shall be given full force and effect. Any Dispute subject to any such portion of this Agreement shall be decided by the arbitrator.

9) RULES OF CONSTRUCTION

A court shall construe the agreement to arbitrate and the agreement to waive class or collective actions in any manner that will render them enforceable and give them effect.

10) REJECTION OF THIS AGREEMENT

When applicable, you desire to reject this Agreement, do not complete installation and return your product to its place of purchase, or removal from your devices, and or platforms. When a matter of credit or refund is a factor we default to our Refunds Policy. Completion of the installation process shall indicate your acceptance of this Agreement.

 

Miscellaneous

No failure or forbearance on Sybirathia’s part to exercise its rights or insist upon performance of your obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect.

If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this Agreement, or, if such amendment is impossible, severed from this Agreement.

 

No amendment or severing of any provision of this Agreement shall affect the validity or enforceability of any remaining provisions.

This Agreement constitutes the entire agreement between you and Sybirathia, LLC relating to the subject matter hereof. Sybirathia, LLC may, from time to time, change, modify or update the content and context of these Policies, Terms, Conditions and EULA, and overall Agreements and the revised Agreement will apply immediately. For easier reference, Sybirathia will change the “Last revised” date above.

You are alone responsible to review and be familiarized with these Policies, Terms, Conditions and EULA, and overall Agreements as your rights and limitations in accordance with these Policies, Terms, Conditions and EULA, and overall Agreements as ignorance of them is not exclusion from accountability to them as previously stated.

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