1. Advertising in the Services
If you download and/or play the Games, you will receive advertising messages that appear within and around the game environments. If you do not wish to receive advertising messages, do not use the Services.
The advertising in the Games or on the Site generated by third parties does not constitute an endorsement by our company, or its subsidiaries and affiliates, of the opinions or views expressed by these third party websites or advertisers. Our company explicitly disclaims any responsibility for the accuracy, availability, completeness, or quality of the content contained on such sites. Further, our company is not responsible for the quality or delivery of the products or services offered by, accessed through, obtained by, or advertised in such advertisements, including the third party websites linked therein. As such, neither our company nor its subsidiaries and affiliates are responsible for any errors or omissions, or for the consequences resulting from the use of such information contained in such advertisements, including the third party websites linked therein.
2. Account
In order to access the Site and the Services, you are required to register an account. By creating an account, you acknowledge that we are granting you a limited, non-transferable, non-exclusive, personal, non-commercial license to the Services, subject to the limitations of the Terms. You acknowledge and agree that you have no ownership or other proprietary interests in any account stored or hosted in our company’s system, including without limitation your account or any Games account and you further agree that all rights in and to such accounts are and will always be owned by and inured to the benefit of our company.
When creating an account, you must choose a username. This username cannot infringe on the rights of any third party, impersonate or imply another persona, be illegal, offensive, racist, obscene, unlawful, or be deemed in any way inappropriate. We, in our sole discretion, reserve the right to review your username and its appropriateness. Multiple accounts are acceptable, however this should not be used to abuse, exploit, or take advantage of any in-game event, bug, or game interaction. We have sole discretion with respect to identifying any username or account abuse.
At the time of account creation, you will be required to set a password. Your password should be treated with care and should be kept confidential. You should choose a password which is difficult to guess and should be updated regularly. You should not follow any instructions to input your password except when entering your account information to log into the Site.
By creating an account, you are able to log onto and participate in our forums. On the forums, you are given the ability to upload a picture, write a profile, and/or create a signature. All forum account information, regardless of location, shall not be unlawful, threatening, abusive, defamatory, obscene, or racially, ethnically, or otherwise offensive. Exercise caution when updating your forum profile as this information is accessible to other forum users.
3. Unauthorized Trades/Transactions
Our company does not recognize any sale or trade of Virtual Currency and/or accounts. You may not purchase, sell, gift, or trade any account, or offer to purchase, sell, gift or trade any account, and any such attempt shall be null and void. Our company owns, has been licensed, or otherwise has rights to all of the content that is contained in the Games. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Games, or any other attributes associated with any account.
Our company does not recognize any purported transfers of virtual property executed outside of the Games, or the purported sale, gift, or trade in the "real world" of anything that is contained or originates in the Game. Accordingly, you may not sell in-game items or currency for real currency, or exchange those items or currency for value outside of the Games or for the purchase of tangible or physical products or other services. Furthermore, our company does not recognize or provide services to enable the transfer of virtual currency among its players. Any aforementioned transactions shall be at your own risk and you shall be solely responsible for any liabilities resulting from the same. In the event that you carry out any of the aforementioned transactions, you hereby acknowledge that our company has no involvement therein whatsoever and shall in no event be liable for such actions. You further acknowledge that our company has warned you against carrying out the abovementioned transactions.
4. Pricing and Payment
Our company offers Virtual Currency for purchasing in-game goods and/or services through a variety of different payment processing methods available on the Site. Before you purchase Virtual Currency from our company through its payment partners, you will be asked to confirm that the purchase that you intend to make is correct. In the event of an incorrect credit, please immediately notify us by visiting our website.
Our company offers several different payment processing methods on the Site:
1. Credit card: If you are paying through a PayPal account, Moneybookers, UltimatePay, or the like, and you are under 18, you hereby acknowledge that you must have obtained the permission from your legal guardian to use this account for payments on our website.
2. Mobile phones: If you are under 18 years old and you are paying through a mobile phone, you hereby acknowledge that your legal guardian must have been informed and has agreed to the purchase amount prior to the purchase.
3. Pre-paid cards: If you are using pre-paid cards, you hereby acknowledge that such pre-paid cards must have been purchased from an authorized retailer and are not altered in any way.
Virtual Currency purchases are non-transferable and any purchases made in any one of the Games are only for use in that relevant game. We reserve the right, in our sole discretion, to change the in-game value of Virtual Currency, amount of Virtual Currency needed to purchase in-game items, or remove items in-game that can be obtained with Virtual Currency.
All purchases made on the Site are final: we do not provide cash refunds or credits for Virtual Currency purchases. You may not trade, gift, or sell any Virtual Currency or in-game items for any reason, nor may you encourage others to do so. We reserve the right to delete, restrict access to, or reduce the value of Virtual Currency if:
1. there is evidence of breaching our policies on Virtual Currency;
2. the Virtual Currency has been credited due to an error.
3. a purchase was made illegally, illegitimately, or there was a chargeback.
For monthly subscriptions, the renewal charge shall be equal to or less than the original subscription price, unless otherwise notified in advance by our company. You may notify our company that you wish to cancel your subscription at any time. Our company agrees that it will terminate your subscription upon receipt of notification from your account as described below. If the notice of cancellation is received within the first 15 days following the first day of the billing cycle, you may be eligible to receive a refund of all subscription fees for the service, but will still be obligated to pay any other charges incurred.
Your right to use the Services is subject to any limits established by our company or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned to our company for any reason, including chargebacks, our company reserves the right to either suspend or terminate access to your account, thereby terminating the Terms between you and our company and all obligations of our company hereunder.
5. Disclaimer
OUR COMPANY SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WHEN PERMITTED BY LAW, OUR COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OUR COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THESE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT OUR COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS, OR CORRECTIONS IN THE EVENT THAT, (A) ANY POST, SUBMISSION, OR ALLEGATION WOULD INFRINGE ON ANY COPYRIGHTS, TRADEMARKS, OR THE RIGHTS OF ANY THIRD PARTY; (B) YOU BREACH THE TERMS OR ANY APPLICABLE LAW; (C) YOU ACCESS THE SITE OR THE SERVICES, INCLUDING ACCESS FROM THIRD PARTY PLATFORMS OR SUBMISSIONS; (D) ANY VIRUSES, TROJANS, WORMS, SPYWARE, OR ANY OTHER MALICIOUS OR HARMFUL SOFTWARE ARE TRANSMITTED TO THE SITE, THE SERVICES, OR ANY THIRD PARTY PLATFORM; AND/OR (E) ANY ALLEGATION THAT YOUR USER CONTENT POSTED, SUBMITTED, CONCEPTUALIZED, OR OTHERWISE CREATED AND/OR DISPLAYED ON OR PERTAINING TO OUR SITE OR SERVICES CAUSES, WITHOUT LIMITATION, LIBEL, DEFAMATION, LOSS OR HARM OF REPUTATION, OR ANY OTHER DAMAGES WHATSOEVER. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6. Applicability
By accessing the Site, you agree to the Terms of Service (the "Terms") as well as the Privacy Policy (the "Policy"). The Terms govern your usage of the Site, as well as the content, games, and the services (the "Services," or the "Games") offered thereon as defined in the Terms, and the relationship between our company and you.
If you do not agree with the Terms, your option is to discontinue usage. our company reserves the right to change the Terms at any time; provided however, that such changes to the Terms will not be applied retrospectively. You should review the Terms on a regular basis. Continued usage of the Site and/or the Services is construed as your acceptance of the changed Terms.
The Site and the Services, including the Games, are owned and operated by our company and/or its partners. Our company does not guarantee the continuation of the Services. Access to the Site and/or the Services requires an account. Our company is dedicated to protecting your privacy and takes all necessary and reasonable steps towards protecting your information. We do not knowingly collect, store, or disseminate information for persons under the age of 13. For information regarding our security standards, please refer to the Policy.
Your account is your pass to the Site and the Services. You are required to create an appropriate username as well as a password. You are solely responsible for the security of your account information and we recommend all players regularly update their passwords and make the passwords difficult to guess. More information about your account can be found in Section 4.
7. Indemnification
You agree to indemnify, defend, and hold harmless our company, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of the Terms by you. Our company reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with our company in asserting any available defenses.
8. Intellectual Property Rights
Our Site and its content are owned and operated by our company and its partners. All content, including the forums, the Games, the Site, and/or the Services offered are solely owned by our company and its partners and protected by copyright, trademark, patent, and other intellectual property laws and regulations and other applicable laws and regulations. You acknowledge that you have no claims on, interest in, or license to copy, reproduce, distribute, or otherwise exploit for any commercial purpose the Site and the Services.
9. Liability for Our Services
WHEN PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE SHALL OUR COMPANY BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE SITE, EVEN IF OUR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR COMPANY TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.