Let's Read: Heavenly Maiden RO's EULA

[RoseTea]

I was recommended Heavenly Maiden RO in my server seeking thread.  I thought of going to check it out, but before I can register my account I had to agree to an EULA.

Huh.  I've never had a big ol' EULA on a server before.  Let's take a closer look at it.  Here's the EULA as I found it for your own reference:

http://freetexthost.com/fearwpnzrl

And here's some of the interesting bits I noticed:

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE CLICK ON THE "I DO NOT AGREE" BUTTON

This button doesn't exist on the site, but I get the idea.

In order to use the Service, you are required to complete a registration form containing your gender, e-mail address, a user name and a password. In consideration of the use of the Service, you agree to provide true, accurate, current and complete [...] If any information provided is not true, accurate, current or complete, or HMRO has reasonable grounds to suspect that the information is untrue, inaccurate, not current or complete, then HMRO shall have the right to suspend or terminate your right to use the Service and refuse to provide any current or future Service to you.

Apparently if you make your account the opposite gender because you prefer playing as that, you can get banned.  That doesn't make any sense, but okay I guess.  I'm not sure what information needs to be updated to be true and complete.  When I change my email and get a sex change?

(a) General Charges. HeavenlyMaidenRO is a free service, no charges or fees are made for using the service which HMRO offers.

Okay, that's fair.

(b) Donations. HMRO allows donations from its users as a form of support to keep the service running for free. All donations are stated in EUROS.

Okay, that's also fair, but wait a second...

A) Use of illegal automated programs, Scripts, and Computers.The use of any illegal automated program (Ex. 3 rd party bot) or system, devices, computers, or scripts on HEAVENLYMAIDENRO is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code .

Okay, using a bot is also apparently an actual crime, but despite stating donations in Euros, they fall back on United States laws?

If you are under the age of 13, you may not create an account on the Sites, you may not sign up for any subscription service or buy anything through the Store, and you are not eligible to enter any of our sweepstakes or promotions.

Also, this.  They're completely free of charge, but have a catch here about a subscription service, a Store, sweepstakes and promotions.  Also...

YOU MAY NOT USE THE SERVICES TO:
[...]
N) Play the MMORPG "RAGNAROK Online" free of charge.

lol.  But you just said playing here's free!  What do I do!?


So what's going on here?  Well, let's google some of this...

http://www.ragnarokrevolution.com/agreement/

Hello, duplicate!  Wait, surely these two didn't copy off each other.  Does that mean-

https://support.warpportal.com/KB/a118/end-user-license-agreement-eula.aspx

Ding ding ding ding!  We found the original!  Strangely, compared to the original, they actually added that N) Play RO for Free bit, which makes even less sense to me.  I don't think their find-> replace fully worked either, because:

(c) Message Board ID. You have the option to create a Message Board ID for use on the official Ragnarok Online message boards.

Just thought there might be someone else out there who'd get a kick out of this.  I ain't no lawyer fella, but according to the 100% reliable and trustworthy resource known as this Yahoo Answers this actually IS copyright infringement (not that private servers don't already do that, but hey), so that's funny too.

[Zigizo]

 "User may not in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Game, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on HMRO (including, without limitation, content that the Website enables you to download) without the express written permission of Gravity"

So I guess they have Gravity's permission?

[Orange]

Thanks for posting this, that's all :3

[RoseTea]

So I guess they have Gravity's permission?

I suppose it's not impossible, considering they bow to specifically Gravity's whims when it comes to this bit:

C) Post or transmit sexually explicit images, or point or reference to such images. Gravity prohibits the transfer or posting of sexually explicit images or other content deemed offensive.

Maybe it was part of the deal they had to use their EULA?

[Zigizo]

From IRO:

Gravity owns copyrights in the selection, coordination, arrangement and enhancement of such contents. User may not in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Game, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on Gravity (including, without limitation, content that the Website enables you to download) without the express written permission of Gravity and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, and legend or copyright notice shall be made. The downloading of copyrighted material from Gravity is allowed by the user expressly for the user's own personal use.

It's almost a direct rip off of Gravity's user agreement. They just added their server name.

lol

[Sarin]

Been there on and off for long time, made accounts with both genders, fake birth date...and never read EULA. Who does anyway? This looks like "just to have something there" kind of stuff.

[RoseTea]

never read EULA. Who does anyway?

I did, obviously, and what I found showed equal parts laziness and incompetence on the part of HMRO.  If you're going to have completely unenforcable legalese there "just to have something there", at least make it something you can't get busted for copying by doing a few simple google searches.

[Bue]

This isn't very productive; do Let's Play videos or reviews.

Because you're ranting about a EULA, which no one reads, from a server that no one plays.