(Updated by KoiWare, LLC on 9-23-2018)
1. Definitions
“Account” - An account created on any KoiWare, LLC services or platforms.
“Administrative Team” - The Administrative Team at KoiWare, LLC includes the owner/producer,
the systems administrator, and managing director.
“Agreement” - The present document.
“Content” - The Content of Underlight includes, but is not limited, to all text,
graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds,
music, artwork and computer code, as well as the design, structure, selection, coordination,
expression, and arrangement of this elements.
“Forums” - The discussion forums for Underlight, which are provided by a third party
and accessible to the user via the Underlight website.
“Game” - Refers specifically to the game of Underlight, a Multiplayer Online Roleplaying
Game (MORPG) developed by Lyra Studios and licensed to KoiWare, LLC.
“Game Client” - The software required for the user to access and play the game,
to be downloaded and installed on the hardware of the user.
“Identifying Information” - Information that identifies the user. This includes
the user’s full name, E-mail, home/mailing address, and phone/mobile number.
“KoiWare, LLC Services” - KoiWare, LLC services includes, but is not limited to the game of
Underlight, the Underlight Forums, contests, and E-mail support.
“User” - The party entering this Agreement with KoiWare, LLC.
“User Content” - Unofficial content, such as fan art or literature.
2. Scope of the Agreement
The Agreement governs the provision of services to the user. The user enters the
Agreement upon creation of an account with KoiWare, LLC. KoiWare, LLC reserves the right to
change, modify, add, or remove portions of this Agreement at any time. Users will
be notified of any changes through KoiWare, LLC communication channels. Any continued
use of KoiWare, LLC services after announced changes to this Agreement will mean that
the user accepts and agrees to the changes.
3. Duration of the Agreement
The Agreement is entered between the user and KoiWare, LLC for an indefinite period of
time at the moment of acceptance.
The Agreement can be terminated at any time in the following manner:
1. The user can contact KoiWare, LLC at Support@Underlight.com and request termination
of the Agreement.
2. KoiWare, LLC may choose to terminate or prevent the user’s access to any KoiWare, LLC services
at any time and for any reason.
3. KoiWare, LLC may choose to terminate KoiWare, LLC services to all users, or prevent access
to these KoiWare, LLC service at any time and without notice.
Upon termination of the Agreement, KoiWare, LLC services will no longer be provided to
the user.
4. Account Creation
Only a living person above the age of 14 may create a KoiWare, LLC account. Users may
also create an account for a child under the age of 14 who is under his/her legal
supervision provided the user is allowed according to the law of the country in
which the child resides. KoiWare, LLC encourages parents and guardians to read Article
5 before beginning account creation.
5. Parents/Guardians
KoiWare, LLC services are available and accessed by users of many ages and backgrounds.
As a result, users of a minor age may encounter situations that are inappropriate
for their age group or uncomfortable for them to be around.
These situations include:
1. Violence depicted by text and/or graphical combat.
2. Strong language
3. Sexual references
In order to protect our users, KoiWare, LLC provides the following tools for users and
parents to monitor and defend against inappropriate or offensive situations:
1. Recorded event logs that are stored offline
2. Optional profanity filter
3. Direct in-game support
If the parent/guardian of a user 14 or younger has questions or concerns about the
game, content, or the activity of the user on KoiWare, LLC services, KoiWare, LLC encourages
the parent/guardian to send an E-mail to Support@Underlight.com.
6. Privacy
Upon using any KoiWare, LLC services, the user also accepts KoiWare, LLC’s Privacy Policy.
It is the responsibility of the user to ensure that he/she reads and understands
the KoiWare, LLC Privacy Policy before using any service provided by KoiWare, LLC.
7. Limitation of Liability
Except where prohibited by law, KoiWare, LLC is not liable to the user for any indirect,
consequential, exemplary, incidental, or punitive damages, including loss of profits,
even if KoiWare, LLC has been advised of the possibility of such damages.
Should KoiWare, LLC, notwithstanding the other provisions of this Agreement, be found
liable to the user for any damage or loss which arises out of or is in any way connected
with the user’s use of KoiWare, LLC services, KoiWare, LLC’s liability shall not exceed, in
any event, more than $25, as KoiWare, LLC provides services to the user free of charge.
Some jurisdictions do not allow for limitations of liability. As a result, the above
clause may not apply to the user.
The user agrees that KoiWare, LLC and KoiWare, LLC volunteers are not liable for the actions,
damages, or demands of third parties arising out of or in connection with the user’s
use of KoiWare, LLC services.
8. Rules of Engagement
All users are subject to the following Rules of Engagement. Failure to follow these
rules may result in suspension or termination of the user’s access to KoiWare, LLC services.
The First Rule – Be Honest with the Software
Cheating or hacking of any kind is prohibited. Because the client software is
a terminal to our servers, using an altered version of the client software is an
attempt to hack our servers. This is a federal offense, and violators will be prosecuted
to the fullest extent of the law. The use of any program that alters data transferred
between our server and the client will also be considered an attempt to gain unauthorized
access to our servers and will also be prosecuted. Using any game mechanics to gain
a technical advantage is considered cheating and is subject to disciplinary action.
The Second Rule – Respect Others
a) Keep your behavior appropriate at all times. If your language or behavior repeatedly
annoys or offends others, you will be banned from playing. We place no limits on
the use of language. Consenting adults are free to engage in any language or behavior
they mutually agree to, however, much of the player-base are young role-players,
and should not be subject to some adult language. Inappropriate behavior includes
attacking other players without a valid in game reason, using unnecessarily offensive
language, annoying others with out of character chat, excessive begging, etc.
b) Distasteful language whether in-character to in-character, out-of-character to
out-of-character, out-of-character to in-character, or in-character to out-of-character
will not be tolerated on official KoiWare, LLC servers or channels. The game staff retains
the right to determine what behavior is deemed inappropriate and will go through
thorough and specific procedures to implement penalties. Penalties may include a
verbal warning, temporary suspension, or in severe cases, termination/banning.
The Third Rule – Stay in Character
Underlight is a true Roleplaying game. Upon entering the realm of the City, you
have to always remember you are pretending to be your character and leave the outside
life of the real world behind. Your character would have no way of knowing sports
scores or the latest in music or fashion. So, to protect the environment that all
role players are striving for, leave the real world chat outside please. If you
must communicate real world things, please do so in whispers and put the information
in double quotes. For example: John Doe whispers: ((hey how do I bind a key to my
art?)). This way you can be sure to not offend anyone and protect the active role
playing that is going on around your character. —- These rules are a very simple
guideline to your behavior when playing Underlight. Use your best judgement and
behave as if you were in a room full of random people of all ages. The game staff
retains the right to determine what behavior is deemed inappropriate and will go
through a thorough and specific procedure to implement penalties. Penalties may
include a verbal warning, temporary suspension, or in severe cases, termination/banning.
7. User Created Content
The user grants KoiWare, LLC express consent to communicate User Content to third parties,
including, but not limited to, social media outlets, gaming websites, and other
medias for the use of promoting any KoiWare, LLC services.
KoiWare, LLC will not attempt to generate revenue from User Content without the prior
approval of the user.
8. Disclaimer
KoiWare, LLC does not promise that the game, websites, or any other services provided
by KoiWare, LLC will be error-free or uninterrupted, or that defects will be corrected,
or that your use of KoiWare, LLC services will provide specific results. KoiWare, LLC services
are provided on an “as-is” and “as-available” basis.
KoiWare, LLC reserves the right to modify or remove any content provided by KoiWare, LLC.
KoiWare, LLC reserves the right to modify, suspend or terminate operation or access to
KoiWare, LLC services at any time, for any reason.
KoiWare, LLC disclaims any and all liability for the acts, omission, and conduct of any
third parties in connection or related to the user’s use of KoiWare, LLC services. The
user claims sole responsibility for his/her use of KoiWare, LLC services.
Privacy Policy
1. Definitions
“Account” - An account created on any KoiWare, LLC services or platforms.
“Administrative Team” - The Administrative Team at KoiWare, LLC includes the owner/producer,
the systems administrator, and project manager.
“Agreement” - The present document.
“Content” - The Content of Underlight includes, but is not limited to all text,
graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds,
music, artwork and computer code, as well as the design, structure, selection, coordination,
expression, and arrangement of this elements.
“Forums” - The discussion forums for Underlight, which are provided by a third party
and accessible to the user via the Underlight website.
“Game” - Refers specifically to the game of Underlight, a Multiplayer Online Roleplaying
Game (MORPG) developed by Lyra Studios and licensed to KoiWare, LLC.
“Game Client” - The software required for the user to access and play the game,
to be downloaded and installed on the hardware of the user.
“Identifying Information” - Information that identifies the user. This includes
the user’s full name, E-mail, home/mailing address, and phone/mobile number.
“KoiWare, LLC Services” - KoiWare, LLC services includes, but is not limited to the game of
Underlight, the Underlight Forums, contests, and E-mail support.
“User” - The party entering this Agreement with KoiWare, LLC.
“User Content” - Unofficial content, such as fan art or literature.
2. Privacy
2a. When creating an account, the user is prompted to provide personal and identifying
information (listed in article 1).
2b. When you engage with services provided by KoiWare, LLC, we are provided with your
IP address, username, and password to identify the user account.
Further, KoiWare, LLC logs all activity within the game on KoiWare, LLC’s servers. These are
logs accessible only by the Administrative Team for the purpose of enforcing the
rules outlined within the Terms of Service Agreement.
2c. The use of KoiWare, LLC services means that the user consents to the gathering and
use of the information in the methods outlined in the Agreement.
3. Use of Information
KoiWare, LLC may use user information for the following purposes:
1. Account and user identification
2. Providing the agreed upon services to the user
3. Improving upon KoiWare, LLC services
4. Enforcement of the Rules of Engagement and/or this Agreement
5. Determining how, and how often, KoiWare, LLC services are used
6. Contacting the user with updates on KoiWare, LLC services.
6a. If the user wishes to no longer be contacted by KoiWare, LLC in this manner, instructions
on how to suspend contact will be included with the correspondence.
6b. If the user decides to terminate contact with KoiWare, LLC, the user takes full responsibility
for not receiving notices and other information we provide in this manner.
4. Cookies
KoiWare, LLC uses “cookies” to collect information about users and user activity on
KoiWare, LLC websites. A cookie is a small piece of data that the website stores on the
user’s computer and accesses each time the user visits. The cookie typically contains
information on the website, a unique identifier for identifying the user’s web browser,
additional data that serves the purpose of the cookie, and the how long the cookie
has existed. KoiWare, LLC can use this information to understand how the user uses the
website. This helps KoiWare, LLC better provide the user content based on preferences
the user specifies.
Cookies are also used to enable features, such as storing user settings, user log-ins,
and the personalization of user content.
KoiWare, LLC websites contain advertising cookies, designed to tailor potential advertising
content to the user, or to limit the number of times the user sees a particular
advertisement.
KoiWare, LLC websites also contain third-party cookies to perform services on the behalf
of KoiWare, LLC, such as analytics and providing content. These third parties are granted
access to select information to perform these tasks and services. These third party
cookies can be used to track the user on other websites that use the same third
party service. We have no control over third party cookies and they are not covered
by KoiWare, LLC’s cookie policy.
KoiWare, LLC reviews the privacy policies of all of KoiWare, LLC’s third party providers before
enlisting services to ensure that the practices of the third party align with the
privacy policy of KoiWare, LLC. KoiWare, LLC will never knowingly include third party services
that compromise or violate the privacy of the users of KoiWare, LLC services.
Should the user not wish to accept cookies from KoiWare, LLC websites, the user has the
option to disable cookies through his/her browser settings under the understanding
that KoiWare, LLC may be unable to provide the user with some KoiWare, LLC services. Should
the user access KoiWare, LLC services on multiple devices, he or she may need to adjust
the settings on each individual device.
5. Third Party Access to Information
KoiWare, LLC may give limited third party access to user information for: analytics tracking,
user authentication, advertising and promotion content marketing, E-mail marketing,
and payment processing.
These services may access KoiWare, LLC’s data solely for the purpose of performing specific
tasks on the behalf of KoiWare, LLC. KoiWare, LLC does not share any personally identifying
information with third party services without the user’s explicit consent. KoiWare, LLC
does not give third parties permission to disclose or use any of KoiWare, LLC’s data
for any other purpose.
KoiWare, LLC may allow limited access to KoiWare, LLC’s data by external consultants and agencies
for the purpose of analysis and service improvement. This access is only permitted
for as long as necessary to perform a specific function. KoiWare, LLC only works with
external agencies whose privacy policies align with Privacy Policy of KoiWare, LLC.
KoiWare, LLC will refuse government and law enforcement requests for data if KoiWare, LLC
believes a request is too broad or unrelated to its stated purpose. KoiWare, LLC may
cooperate if KoiWare, LLC believes the requested information is necessary and appropriate
to comply with legal process, to protect KoiWare, LLC rights and property, to protect
the safety of the public and any person, to prevent a crime, or to prevent what
KoiWare, LLC reasonably believes to be illegal, legally actionable, or unethical activity.
KoiWare, LLC does not otherwise share or supply personal information to third parties.
KoiWare, LLC does not sell or rent the user’s personal information to marketers or third
parties.
6. Data Processing and Storage
All user information is stored and processed in the United States in third party
facilities. Data is only transferred within jurisdictions subject to data protection
laws that reflect KoiWare, LLC’s commitment to protecting the privacy of the users of
KoiWare, LLC services.
Personal information is retained only as long as necessary for the uses outlined
in article 3. While KoiWare, LLC retains this data it will be protected within commercially
acceptable means to prevent loss, theft, unauthorized access, disclosure, copying,
use or modification. That said, KoiWare, LLC advises that no method of electronic transmission
or storage is 100% secure and does not guarantee absolute data security.
Upon request by the user the information will be erased from KoiWare, LLC systems within
a reasonable timeframe.
7. Limits of the KoiWare, LLC Privacy Policy
This privacy policy only covers KoiWare, LLC’s own collecting and handling of data. KoiWare, LLC
only works with partners, affiliates and third-party providers whose privacy policies
align with Privacy Policy of KoiWare, LLC. KoiWare, LLC does accept responsibility or liability
for their respective privacy practices.
KoiWare, LLC websites may link to external sites that are not operated by KoiWare, LLC. Please
be aware that KoiWare, LLC has no control over the content and policies of those sites,
and cannot accept responsibility or liability for their respective privacy practices.
8. Changes to KoiWare, LLC’s Privacy Policy
Portions of this Privacy Policy may be changed or removed at the discretion of KoiWare, LLC.
KoiWare, LLC will take reasonable steps to ensure that the user is informed of any changes
made to the Privacy Policy. The user’s continued use of KoiWare, LLC services after any
changes to this Privacy Policy will be regarded as acceptance of these changes.
9. User Rights and Responsibilities
As a user of KoiWare, LLC services, the user has the right to be informed about how his/her
data is collected and used. The user is entitled to know what data KoiWare, LLC has collected
about the user, and how it is processed. The user is entitled to correct and update
any personal information about him or her, and to request this information be deleted.
The user may amend his or her account information at any time, using the tools provided
in the account control panel.
The user is entitled to restrict or object to KoiWare, LLC’s use of his/her data, while
retaining the right to use his/her personal information for his/her own purposes.
The user has the right to opt out of data about him/her being used in decisions
based solely on automated processing.
Feel free to contact KoiWare, LLC if you have any concerns or questions about how your
data and personal information is handled.
KoiWare, LLC Data Controller
Systems Administrator
support@underlight.com
