The thing is tiny, humanoid-shaped and red, with bat wings and a long naked tail with scorpion's stinger at the end. It's pinched face puts Alia in mind of a shaved ferret. It lands on a 10-foot-high stone wall covered in ivy. A hedge rises above it perhaps another 10 feet.
It looks down on her and says "Excuse me sir or ma'am, but do you have a moment to take a short survey about your experience in the Thorny Corridor?" The voice is high-pitched and squeaky like new leather shoes. It's carrying a tiny clipboard stuffed with sheets of equally tiny paper. In it's other hand it bears a black quill taken off of some very large bird.
Illithir's hammer clangs off the skeletal guard's parrying blade twice.
Terrion press his attack to no greater effect.
The guardsman in gold retrieves a potion from his pocket and downs it in one gulp.
He looks more sanguine after he does so.
The upstairs crossbow men aim at fire at Fergus.
The arrows lance into the burnt upholstery of the chair he is standing on.
Further above Szam Tass seems to regard it all through a pair of pin-pricks of light that seem to be his eyes.
Round 8! (Theme ♬)
The Bold May Act!
_________________
__ Mummified Manor guards on the second floor (pink -7 hp, purple -7)
__ Illusion of Szam Tass on the third floor
__ Fergus -17 hp
__ Illthir -2 hp
__ Durgan -6 hp
__ Terrion -7 hp
__ Guy in Gold -21 hp
__ Mummified guards on the first floor (burgundy destroyed; brown destroyed; yellow destroyed; red destroyed; blue -10 hp)
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"To each of the following statements tell me whether you: strongly agree, somewhat agree, neither agree nor disagree, somewhat disagree, or strongly disagree, in relation to your experiences within The Thorny Corridor." explains the winged creature to Alia.
It looks down at its papers and reads: "'I found the triggering mechanism of The Thorny Corridor to be adequately hidden.' Do you strongly agree, somewhat agree, neither agree nor disagree, somewhat disagree, or strongly disagree?"
The tiny red creature looks over the top edge of its clipboard, its black quill raised expectantly.
Durgan will fly up (at a 45' angle so no Fly check needed) and strike at the Manor Guard on the second floor (Purple). He reasons that his allies on the first floor can likely eliminate the one remaining there.
Durgan physically shatters the crossbowman.
Round 8! (Theme ♬)
The Bold May Act!
_________________
__ Mummified Manor guards on the second floor (pink -7 hp, purple destroyed)
__ Illusion of Szam Tass on the third floor
__ Fergus -17 hp
__ Illthir -2 hp
__ Durgan -6 hp
__ Terrion -7 hp
__ Guy in Gold -8 hp
__ Mummified guards on the first floor (burgundy destroyed; brown destroyed; yellow destroyed; red destroyed; blue -10 hp)
Fergus will shake off the effects of inspire rage and nearly sit down as relief washes over him at the undead swordsman's fall. Only to be quickly reminded that the threat was not over. With a motion, he moves the ball of flame over one of the crossbowmen and takes a defensive stance.
Illthir takes a pair of swipes at the last ground flood undead before the quickening effects of the Haste spell wears off. Then they'd really only have to worry about the hidden magican...
"Who...or WHAT...are you? It was adequately hidden - somewhat agree - but I am in a bit of a hurry. I only have time to elaborately answer your questions if you can direct me to the safest and fastest exit from this maze - otherwise I will have to speed onward as my friends are in danger.", Alia looks at the weird creature expectedly. It clearly had some knowledge about this place, and it had not immediately attacked her. Maybe it was open to a deal.
Yep prone in the pit.... "Ow!, I'm betting that was magic huh? "
He looks around the walls of the pit as he stands up
"Watch out there's a pit here." He calls so Dool can hear
Illthir takes a pair of swipes at the last ground flood undead before the quickening effects of the Haste spell wears off. Then they'd really only have to worry about the hidden magican...
The swordsman expertly parries both attempts.
Fergus will shake off the effects of inspire rage and nearly sit down as relief washes over him at the undead swordsman's fall. Only to be quickly reminded that the threat was not over. With a motion, he moves the ball of flame over one of the crossbowmen and takes a defensive stance.
The ball of eldritch flame does for the final skeletal warrior on the ground floor of the entry hall.
The other living combatants take cover and attempt to catch their breath.
The crossbowman reloads, and Sham Tass watches from above.
Durgan physically shatters the crossbowman.
Round 9! (Theme ♬)
The Bold May Act!
_________________
__ Mummified Manor guards on the second floor (pink -7 hp, purple destroyed)
__ Illusion of Szam Tass on the third floor
__ Fergus -17 hp
__ Illthir -2 hp
__ Durgan -6 hp
__ Terrion -7 hp
__ Guy in Gold -8 hp
"Ah very good. A clever client is our best client, I always say. I am Skittles an agent of SurveyImp a multidimensional branch of the Morningstar Corporation. We travel the multiverse to collect information and feedback on behalf of our clients to that they may improve their products and more effectively market their brand to specific target audiences." says the little creature proudly. He unfurls a five foot long scroll.
"Would you like to go over our terms of use?" Skittles says barely containing his excitement.
Alia can see that the scroll, while written in very clear, but small Common script, its meaning is nearly impenetrable. It's like trying to read alphabet soup in a blender set to puree.
Terms of Use
LAST UPDATED: Age of Destiny -2210 AR
Introduction
These Terms of Use (“TOU”) apply to your access and use of Morningstar's products, services, websites, and apps that you purchase or sign up for on Morningstar's websites and which are branded as “Morningstar”, “SurveyImp”, “Boohoo” or “SoulDrain” (collectively the “Service(s)”). These TOU do not apply to Services which are available solely through our enterprise sales channel.
Additional service-specific terms apply to some Services (“Service-Specific Terms”). Certain country-specific terms may also apply to you if you are located outside the Iron City of Dis (“Country-Specific Terms”). We refer to the Service-Specific Terms and Country-Specific Terms collectively as “Additional Terms” and the combination of these TOU and any applicable Additional Terms collectively as these “Terms.”
You agree to these Terms by clicking to accept these Terms, executing a document that references them, or using the Services.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
1. Fees and Payments
1.1 Fees for Services.
You agree to pay to Morningstar any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify Morningstar of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
1.2 Subscriptions.
Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. YOU MAY CANCEL AUTO-RENEWAL ON YOUR SUBSCRIPTION AT ANY TIME, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE UNTIL THE END OF THAT BILLING CYCLE BEFORE TERMINATING.
1.3 Taxes.
Our prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying Taxes associated with your purchase and keeping your billing information up to date.
(a) Iron City of Dis Sales Tax. If we have a legal obligation to pay or collect sales tax for which you are responsible, we will calculate the sales tax based upon the billing information we have about you and charge you that amount (which, if your billing information is incomplete or inaccurate, may be the highest prevailing rate then in effect), unless you timely provide us with a valid tax exemption certificate acceptable to the appropriate taxing authority.
To be timely, you must provide us with a tax exemption certificate before your initial purchase or upgrade, or, if you miss that mark, within 90 days after such purchase or upgrade, unless your billing information is in Minkai, Cheliax, Andoran, or Qadira in which case within 60 days; or if in Nex, Geb, Rahadoum or a Lung Wa Successor State within 45 days.
If you provide us with a tax exemption certificate, you represent and warrant that it accurately reflects your tax status and that you will keep such document current and accurate.
If we have collected sales tax from you and subsequently determine in our sole discretion that your tax exemption certificate is valid, we will refund the sales tax collected based on applicable state tax laws.
(b) Non-Iron City of Dis Sales Tax. If applicable, we will charge you VAT, GST or any other sales, consumption or use taxes that arise in connection with your purchases of Morningstar Services unless you provide us with a tax identification number that entitles you to an exemption, a valid tax exemption certificate or other documentary proof issued by an appropriate taxing authority that tax should not be charged. If you are located in a jurisdiction with multiple sales, consumption or use taxes, we may charge you the highest prevailing rate if your billing information is incomplete or inaccurate.
If you are required by law to withhold any Taxes from your payments to Morningstar, you must provide Morningstar with an official tax receipt or other appropriate documentation to support such payments.
1.4 Price Changes.
Morningstar may change the fees charged to you for the Services at any time, provided that, for Subscriptions, the change will become effective only at the end of the then-current billing cycle of your Subscription. Morningstar will provide you with advance notice of any change in fees.
1.5 Overage Fees.
Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service subject to applicable law.
2. Privacy
2.1 Privacy.
In the course of using the Services, you may submit content to Morningstar (including your personal data and the personal data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately. Morningstar’s Privacy Notice, together with any Service-specific privacy notices or statements (collectively, “Morningstar privacy notices”), detail how we treat your Content and we agree to adhere to those Morningstar privacy notices. You in turn agree that Morningstar may use and share your Content in accordance with the Morningstar privacy notices and applicable data protection laws. You also agree that you are responsible for notifying these third parties about the Morningstar privacy notices. Our Data Processing Agreement also apply to and are supplemental to these Terms. Where there is a conflict between the Data Processing Agreement and these Terms, the Data Processing Agreement will prevail except with respect to Exclusion and Limitation of Liability where these Terms will prevail.
2.2 Confidentiality.
Morningstar will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the Morningstar privacy notices). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by Morningstar); (b) was lawfully known to Morningstar before receiving it from you; (c) is received by Morningstar from a third party without knowledge of breach of any obligation owed to you; (d) is shared in the context of your account being identified by you as a business owned account or migrated to an organization’s Enterprise account, if your account is registered using a work email address within that organization; or (e) was independently developed by Morningstar without reference to your Content. Morningstar may disclose your Content when required by law or legal process, but only after Morningstar, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.
2.3 Security.
Morningstar will store and process your Content in a manner consistent with industry security standards. Morningstar has implemented appropriate technical, organizational, and administrative systems, policies, and procedures.
If Morningstar becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account (“Security Incident”), Morningstar will take reasonable steps to notify you without undue delay, but in any event within 72 hours of becoming aware of the Security Incident impacting your account. Morningstar will also reasonably cooperate with you with respect to any investigations relating to a Security Incident, any required notices, and providing information reasonably requested by you and available to us in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by Morningstar.
3. Your Content
3.1 You Retain Ownership of Your Content.
You retain ownership of all of your intellectual property rights in your Content. Morningstar does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited license described in these Terms.
3.2 Limited License to Your Content.
You grant Morningstar a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing and improving the Services and as permitted by the Morningstar privacy notices. This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of Morningstar's business (subject to our retention policies). This license also extends to any trusted third parties we work with to the extent necessary to provide and improve the Services.
3.3 Representations and Warranties.
You represent and warrant that: (a) you own or control the appropriate rights in and to your Content, including any intellectual property owned by third parties; and (b) you will not submit, upload, or otherwise make available via the Services, any Content or materials that are in breach of our Acceptable Uses Policy.
3.4 Responsibility for Your Content.
The Services may display content not owned by Morningstar but by others. The entity that makes such content available is responsible for it. You are responsible for your Content, and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Morningstar is not responsible for any actions you take with respect to your Content, including sharing it publicly. Subject to applicable law, Morningstar is not liable for your Content, any other third-party content or materials, or any loss or damage resulting from your use of, or reliance on, such Content or other third-party content or materials.
You acknowledge that, to ensure compliance with legal obligations, Morningstar may be required to review certain of your Content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display your Content that we believe violates the law or these Terms. In the event your Content includes third-party brands, logos or other source identifiers, we may require you to submit a statement of non-affiliation before you may use such Content in connection with the Services. However, Morningstar otherwise has no obligation to monitor or review any content submitted to the Services.
4. IP Claims
4.1 DMCA Notices or Equivalents.
Morningstar responds to notices of alleged copyright infringement in accordance with the First Circle of Hell Digital Millennium Copyright Act (DMCA) or equivalent applicable laws and regulations. If you believe that your work has been exploited in a way that constitutes copyright infringement, you may notify our agent for claims of copyright infringement.
4.2 Other IP Claims.
If you believe a Morningstar user is infringing upon your intellectual property rights, you may report it through our online form. Claims of copyright infringement should follow the process outlined in these Terms, or any equivalent process available under local law.
5. Morningstar IP
Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). Except as permitted by our Brand and Trademark Use Policy, these Terms do not grant you any right to use Morningstar’s trademarks or other brand elements.
If you submit any feedback or suggestions to us regarding our Services, we may use and share them for any purpose without any compensation or obligation to you.
6. Third Party Resources
Morningstar may publish links in its Services to internet websites maintained by third parties. Morningstar does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
7. Account Management
7.1 Keep Your Password Secure.
If you have been issued an account by Morningstar in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Morningstar, are responsible for any activity occurring in your account (other than activity that Morningstar is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Morningstar immediately. Accounts may not be shared and may only be used by one individual per account.
7.2 Keep Your Email and Account Details Accurate.
Morningstar occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate.
7.3 Remember to Backup.
You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Morningstar will not be liable for any failure to store, or for loss or corruption of, your Content.
7.4 Account Inactivity.
Morningstar may terminate your account and delete any Content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, where appropriate, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.
8. User Requirements
8.1 Legal Status.
If you are an individual, you may only use the Services if you have the power to form a contract with Morningstar. If you do not have the power to form a contract, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.
8.2 Minors.
“Minors” are individuals under the age of 13 (or under a higher age as provided in certain countries and territories). None of the Services are intended for use by Minors. If you are a Minor in your place of residence, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.
8.3 Embargoes.
You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by Iron City of Dis or other applicable law from receiving the Services or you are on the Dis Department of Commerce’s Denied Persons List or Entity List or the Dis Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid Services from Morningstar. You will ensure that: (a) your end users do not use the Services in violation of any export restriction or embargo by the Iron City of Dis; and (b) you do not provide access to the Services to persons or entities on any of the above lists.
9. Acceptable Uses Policy
You agree to comply with the Acceptable Uses Policy.
10. PCI Compliance
10.1 PCI Standards.
If you use the Services to accept payment card transactions, you must comply with the Payment Card Industry Data Security Standards (PCI-DSS) to the extent they are applicable to your business (the “PCI Standards”). Morningstar provides tools to simplify your compliance with the PCI Standards, but you must ensure that your business is compliant and the specific steps you will need to take to comply with the PCI Standards will depend on your implementation of the Services.
10.2 Cardholder Data.
Morningstar is responsible for the security of Cardholder Data that is collected, transmitted, stored, or processed by us on your behalf. “Cardholder Data” is defined as a cardholder’s primary account number, and where a full unmasked card number is present, any of the cardholder name, expiration date, and/or service code. Morningstar has developed strict security features to protect Cardholder Data, and as such this data may only be used in anticipated ways and stored in appropriate places. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM COLLECTING OR ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN THE SERVICES, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e. where Morningstar explicitly enables such data to be entered into such fields). Appropriate fields are clearly marked with labels such as ‘Card number’ or by having a credit card icon precede them. Similarly, excluding payment forms, you must never collect or enter any “Sensitive Authentication Data”, as defined by the PCI Standards (including CVC or CVV2) into any fields in the Services. You assume all responsibility for any Cardholder Data entered into the Services in violation of these terms.
11. Suspension and Termination of Services
11.1 By You.
You can terminate your Subscription and delete your account at any time through your account management page. Such termination and deletion will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Services. Terminations are confirmed immediately, and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; (b) a refund is required by law; or (c) we, in our sole discretion, determine a refund is appropriate. For clarity, we will not grant a refund where you have used our Services, collected responses, and/or downloaded your responses unless the termination is due to our material, uncured breach or a refund is required by law.
11.2 By Morningstar.
(a) For Convenience. Morningstar may terminate your Subscription effective at the end of a billing cycle by providing at least 30 days’ prior written notice to you without refund for any prior period. Additionally, Morningstar may terminate your Subscription at any time during the billing cycle by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle.
(b) For Cause. Morningstar may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after Morningstar has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, Morningstar may limit, suspend, or terminate the Services to you: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) if we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive, depending upon the reason, we will endeavor to give you advance notice and an opportunity to obtain a copy of your Content from that Service. However, there may be time sensitive situations where Morningstar may decide that we need to take immediate action without notice. Morningstar will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. Morningstar has no obligation to retain your Content upon termination of the applicable Service.
12. Changes and Updates
12.1 Changes to Terms.
Morningstar may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the Morningstar website. If an amendment is material, as determined in Morningstar’s sole discretion, Morningstar will notify you by email. Notice of amendments may also be posted upon your login to your account. Except as otherwise specified by us, changes will be effective no sooner than the day they are publicly posted. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because (unless otherwise stated in law) by continuing to use the Services you indicate your agreement to be bound by the updated terms.
12.2 Changes to Services.
Morningstar constantly changes and improves the Services. Morningstar may add, alter, or remove functionality from a Service it provides to you at any time without prior notice. Morningstar may also limit, suspend, or discontinue a Service provided to you at its discretion. If Morningstar discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to obtain a copy of your Content from that Service. Morningstar may remove content from the Services it provides you at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
12.3 Downgrades.
Downgrading your account plan may cause the loss of Content, features, functionality, or capacity of your account.
12.4 SurveyImp Basic (Free) Plan Response Limits.
Any responses over your SurveyImp Basic (free) plan's response limits will not be viewable, and each response over the limit will be deleted 60 days after it is received, unless you upgrade to a SurveyImp paid plan to view and keep access to all responses before they are deleted. We encourage you to go to My Surveys to see which surveys have extra responses over your plan's response limit, in case you want to upgrade to a paid plan to view and keep them.
13. Disclaimers, Limitations of Liability and Indemnification
13.1 Disclaimers.
While it is in Morningstar’s interest to provide you with a great experience when using the Services, there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY GUIDANCE OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND Morningstar DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
13.2 Exclusion of Certain Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, Morningstar (INCLUDING ITS AFFILIATES AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS) WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF Morningstar HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13.3 Limitation of Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF Morningstar (INCLUDING ITS AFFILIATES AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO Morningstar FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) 200.00 gp.
IN COUNTRIES WHERE THE ABOVE TYPES OF EXCLUSIONS (SECTION 13.2) AND/OR LIMITATIONS (SECTION 13.3) ARE NOT PERMITTED BY LAW, WE ARE RESPONSIBLE TO YOU ONLY FOR YOUR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE ALL REASONABLE SKILL AND CARE OR THAT DIRECTLY RESULT FROM A MATERIAL BREACH OF THESE TERMS.
13.4 Consumers.
While our Services are most often used for business, we acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer using our Services for non-business reasons, nothing in these Terms limits any of those consumer rights.
13.5 Indemnification.
If you are a business, you will indemnify and hold harmless Morningstar (including its affiliates and its and their officers, agents, and employees) from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
14. Contracting Entity
14.1 Who you are contracting with.
Unless otherwise noted, the Services are provided by, and you are contracting with, Morningstar Inc. inside of the Iron City of Dis, and by Morningstar Cheliax UC everywhere else.
14.2 Morningstar Inc.
For any Service provided by Morningstar Inc., the following provisions will apply to any terms governing that Service:
Contracting Entity. References to “Morningstar”, “we”, “us”, and “our” are references to Morningstar Inc., located at One Curiosity Way, Iron City of Dis, First Circle of Hell.
Governing Law. Those terms are governed by the laws of the Plane of Hell (without regard to its conflict of laws provisions).
Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the courts of the First Circle of Hell.
15. Other Terms
15.1 Assignment.
You may not assign these Terms without Morningstar’s prior written consent, which may be withheld in Morningstar’s sole discretion. Morningstar may assign these Terms at any time without notice to you.
15.2 Customer Lists.
Morningstar may identify you by name and logo as a customer of the Services on our websites and on other promotional materials. Any goodwill arising from the use of your name and logo will inure to your benefit.
15.3 Entire Agreement.
These Terms (including the Additional Terms) constitute the entire agreement between you and Morningstar, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
15.4 Independent Contractors.
The relationship between you and Morningstar is that of independent contractors, and not legal partners, employees, or agents of each other.
15.5 Interpretation.
The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
15.6 Language.
These Terms are prepared and written in Infernal. To the extent that any translated version conflicts with the Infernal version, the Infernal version controls, except where prohibited by applicable law.
15.7 No Waiver.
A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
15.8 Precedence.
To the extent any conflict exists, the Additional Terms prevail over these TOU with respect to the Services to which the Additional Terms apply.
15.9 Severability.
If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
15.10 Third Party Beneficiaries.
There are no third party beneficiaries to these Terms.
15.11 Survival.
The following sections will survive the termination of this TOU: Introduction, 1, 2, 3.2, 11, 13, 14, 15, 16, 17 and 18.
16. Terms for Certain Customers
16.1 Customer-Specific Terms.
The following amendments automatically apply to you upon acceptance of these Terms if you are one of the types of entities identified below:
If you are a Iron City of Dis Federal Government Agency, this Amendment applies to you.
If you are a different type of government entity in the Iron City of Dis, this Amendment applies to you.
16.2 Boohoo-Specific Terms.
If you are using Boohoo Services, the following additional terms apply:
One free account per person. You may only have one active, free Boohoo account at any time. Multiple Boohoo accounts for any person may be terminated by Morningstar.
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"It doesn't appear to be magical."
Dool's voice echos down to Zokon from the edge. His eyes are aglow with magic. "Wait there's an aura. Conjuration? Something's coming through!"
The air all around Zokon begins to buzz with magical energy, from the bottoms of his feet to somewhere above his head he can feel the greasy film of arcane magic about him.
Now that the Haste has expired, Durgan can't quite reach the remaining crossbowman in a single move.
So he takes a double move to get into the crossbowman's face. While the mummy can 5' step and shoot, Durgan tries to make is so that the crossbowman will have to step back from the edge of the balcony to do so (thereby hopefully making Durgan the most viable target).
Now that the Haste has expired, Durgan can't quite reach the remaining crossbowman in a single move.
So he takes a double move to get into the crossbowman's face. While the mummy can 5' step and shoot, Durgan tries to make is so that the crossbowman will have to step back from the edge of the balcony to do so (thereby hopefully making Durgan the most viable target).
If you are flying, you could move to 5ft above it, then it literally can't 5ft away from your reach.
Pew! She was a bit worried when her attacks were so easily turned aside, but the critter burned to cinders pretty quickly! There didn't seem to be any more foes on this floor, so Illthir headed towards the stairwell, taking care to not go too close to the pit.
Zokon attempts to climb outta that pit very fast
and fails.. he draws his sword if he can
Zokon attempts to climb outta that pit very fast
and fails.. he draws his sword if he can
The air wobbles and the bottom of the pit is suddenly filled with hundreds upon hundreds of scuttling, walnut-sized, glossy blood-red spiders!
Jewel tilts her head and looks up at Fergus still standing on the chair. She barks.
The last mummified guardsman drops its crossbow and draws his dueling sword like a iaijutsu master, but cannot penetrate Durgan's guard.
Round 10! (Theme ♬)
The Bold May Act!
_________________
__ Mummified Manor guards on the second floor (pink -7 hp, purple destroyed)
__ Illusion of Szam Tass on the third floor
__ Fergus -17 hp (anything for last round?)
__ Illthir -2 hp
__ Durgan -6 hp
__ Terrion -7 hp
__ Guy in Gold -8 hp
Durgan smashes his battleaxe down on the mummified guard.
Durgan smashes his battleaxe down on the mummified guard.
Durgan's blow would have killed a living opponent but only staggers this one.
Illthir hurries up the stairs and ceases her song. There only seemed to be one last foe remaining - for now. Better have some magic left for later ...
Serena starts at the sounds around her and draws forth her scimitar. A word and a gesture places a light spell on her scimitar.
"Blast it she-elf, turn off that light!" says Balthur wincing in the close glare of Serena's light. He is here in what appears to be a big pantry with fellow merchant Kozen.
"No. Bring it over here, so I can inspect this lock." says Longtooth from behind Serena and next to the room's only door.
"I could read it aloud if you like." says the little red imp-looking creature to Alia. It's obvious to the elf that the imp is trying to contain its excitement at the prospect of reading the five-foot-long scroll covered in very fine writing. "It would be no trouble at all! I find it helps to hear it all done aloud for retention-sake."
The air wobbles and the bottom of the pit is suddenly filled with hundreds upon hundreds of scuttling, walnut-sized, glossy blood-red spiders!
"I could cast a Ball of Exploding Balefire™ down there if you think if would help with the spiders." offers Dool from far above as Zokon is bitten repeatedly by the venomous, blood-red spiders.
Fergus bounces his magical ball of flame up onto the landing and over the monster finishing it off.
END COMBAT! Results
_________________
__ Fergus -17 hp
__ Illthir -2 hp
__ Durgan -6 hp
__ Terrion -7 hp
__ Guy in Gold -8 hp
{Stares imperiously down from the top of the spiral stairway}
Durgan will fly to the center of the room and channel the power of Abadar to heal the living.
"Fergus, I don't suppose you can Dispel this illusionary lich? It's possible that someone is seeing and hearing through it."
Illthir looks around to see if there's any sort of powder, liquid or other easily spreadable thing that could help them find a sneaky wizard. Because someone did cast spells on them! "Not to mention conjuring the pit!"
Illthir looks around to see if there's any sort of powder, liquid or other easily spreadable thing that could help them find a sneaky wizard. Because someone did cast spells on them! "Not to mention conjuring the pit!"
In the silent aftermath the party hears a man scream from somewhere outside.
"Ow ow ow..
He then tries to climb out again.. "What is it with this crazy place.. No fireballs please."
"W-what? Are there more outside?!" Illthir gasps and turns her attention to the door. Though ... They were missing a lot of people. "Were did the rest of us go? Darn it, I don't like this foul sorcery!"
He then tries to climb out again.. "What is it with this crazy place.. No fireballs please."
Zokon makes it up about 7 feet up the wall but the swarm is still think on the wall another yard up all around him.
Fergus replies to Durgan.
Aye, well, I could try. Though I'd rather be sure it wouldn't be a waste of my strength. Unless it starts casting spells again, I doubt whatever he is watching will bring too much harm immediately.
Fergus will cast Detect Magic, and try to focus on the image of Szam.
He then tries to climb out again.. "What is it with this crazy place.. No fireballs please."Zokon makes it up about 7 feet up the wall but the swarm is still think on the wall another yard up all around him.