General Terms and Conditions
Last Updated September 25, 2012
IMPORTANT! PLEASE READ CAREFULLY.
THIS USER AGREEMENT, AS THE SAME MAY BE AMENDED FROM TIME TO TIME AS SET FORTH HEREIN ("AGREEMENT"), DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH GAMEFORGE AMERICA , INC. ("GAI," or "WE" or "OUR") OFFERS THE USER ("YOU") THE FOLLOWING SERVICES: AN ACCOUNT (“ACCOUNT”) ALLOWING YOU TO ACCESS, VIA THE INTERNET, AN INFORMATION PROCESSING SYSTEM BY WHICH GAI CREATES, GENERATES, STORES, DISPLAYS AND PROCESSES ELECTRONIC INFORMATION FIXED ON GAI'S COMPUTER FILE SERVERS (THE “SYSTEM”) COMPRISING GAI'S PROPRIETARY ONLINE ROLE PLAYING GAME (THE "GAME"), AND CERTAIN RIGHTS TO EXCHANGE INFORMATION WITH THE SYSTEM, AND TO USE, SUCH INFORMATION. IN ADDITION, THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS ON WHICH GAI OFFERS YOU AN END USER LICENSE AGREEMENT (THE “LICENSE”) TO USE THE SYSTEM AND GAME INTERFACE SOFTWARE (THE “SOFTWARE”) CREATED BY GAI TO ENABLE INTERACTION WITH THE SYSTEM. IF ACCEPTED BY YOU IN THE MANNER DESCRIBED BELOW, THE THEN-CURRENT VERSION OF THIS AGREEMENT SHALL APPLY EACH AND EVERY TIME YOU ACCESS THE SYSTEM OR PLAY THE GAME.
By pressing the "I Agree" button, and confirming your agreement by pressing the "Confirmed" button, when setting up your Account you agree to the terms and conditions set forth herein as the same may be amended from time to time. By pressing the "I Decline" button at the time of initial installation, you decline our offer, in which case, if you purchased the Game on DVD-ROM, you should contact your retailer for a refund, consistent with the retailer's return policy. GAI does not manufacture nor distribute the box version of the Game.
In the event you choose not to accept the Agreement or by technical means bypass or disable the "I AGREE" and/or "CONFIRMED" buttons, then by installing, copying, downloading, accessing or otherwise using the Game, you agree to be bound by the terms of this Agreement. Also, each and every time you access an Account, play, or enter or reenter the Game, you shall accept the terms and conditions of the Agreement then in effect. If you have any questions regarding this Agreement, please contact customer service at:
The current version of this Agreement can be found on GAI's web site at https://account.frogster-america.com/AGB/. You are encouraged to frequently review the Agreement for changes. You agree to accept the responsibility for thoroughly reviewing the Agreement when you establish an Account and each time you are prompted to do so by the Game. See the section below concerning Modifications and Amendments.
1. END USER LICENSE AGREEMENT
A. LIMITED LICENSE TO USE THE SYSTEM
The License grants you the non-exclusive, revocable rights to access and use the System, to exchange, to download from, and to access and use Game Content (defined below) and User Content (defined below) exclusively via an authorized, fully paid Account, for purposes permitted by, and in a manner consistent with, the terms and conditions of this Agreement. Any and all rights not specifically and expressly granted by GAI herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied. Specifically, but without limiting the generality of the foregoing reservation, except as expressly permitted by the License then in effect, you may not copy, distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer any information accessible through the System, including without limitation, any part of the Game Content or User Content, or any item, object, or character associated with your Account, or your rights to access and/or use the System. You may not reverse engineer, disassemble or decompile, or otherwise reverse engineer or attempt to reverse engineer or derive code from any information accessible through the System (including, without limitation, data packets transmitted to and from the System over the Internet), or analyze, decipher, "sniff," derive code from, or attempt to analyze, decipher, "sniff," or derive code from any packet stream transmitted to or from the System, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so. ANY ATTEMPT TO ENGAGE IN ANY OF THESE PROHIBITED ACTIVITIES, WHETHER SUCCESSFUL OR NOT, SHALL CONSTITUTE A MATERIAL BREACH OF THE LICENSE AND WILL RESULT IN SANCTIONS, RANGING FROM SUSPENSION OF YOUR ACCESS TO THE SYSTEM, TO IMMEDIATE TERMINATION OF ACCESS TO THE SYSTEM AND/OR CANCELLATION OF ANY AND ALL ACCOUNTS YOU HAVE ON THE SYSTEM. IT IS IN GAI'S SOLE DISCRETION TO DETERMINE WHICH SANCTION, IF ANY, WILL BE UNDERTAKEN.
You may access the System and use it to play the Game from any single computer or game platform. You shall not access the System or play the Game concurrently on different computers and/or game platforms. You agree that you will not intercept for any purpose other than Game play in accordance with this Agreement, any information accessible through the System, the Game Content, or any packet transmitting any Game Content or other information to or from the System. Any access to the System; or uploads, downloads, or use of information or Game Content accessible through the System, for purposes not permitted by the License, or that violates this Agreement, shall be deemed an unauthorized use of the System and a material breach of the License. THE LICENSE DOES NOT INCLUDE ANY EXPRESS OR IMPLIED RIGHTS IN OR TO USE GAI'S OR ITS SUPPLIER'S TRADENAMES, TRADEMARKS OR SERVICEMARKS.
B. LIMITED LICENSE TO SOFTWARE
As to the interface software, and accompanying documentation, the following licensing terms and conditions apply. You may install the Software on any single computer or game platform. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other computers over an internal network.
Neither this License nor your Account entitles you to any subsequent releases of the Software, or to any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement.
Neither this License nor your Account entitles you to any subsequent releases of the Software, or to any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement.
Subject to the terms of this Agreement, we hereby grant to you a non-exclusive, revocable license to use the Software solely in connection with accessing the System in order to play the Game via an authorized Account. YOU MAY NOT, DISTRIBUTE, RENT, LEASE, LOAN, MODIFY OR CREATE DERIVATIVE WORKS, ADAPT, TRANSLATE, PERFORM, DISPLAY, OR SUBLICENSE THE SOFTWARE. YOU MAY NOT TRANSFER THE SOFTWARE, EXCEPT AS PART OF A TRANSFER OF YOUR ENTIRE ACCOUNT, IF PERMITTED BY THE AGREEMENT THEN IN EFFECT, OR EXCEPT AS PART OF THE TRANSFER OF YOUR COMPUTER ON WHICH THE SOFTWARE IS INSTALLED TO A PUBLIC ELEMENTARY OR SECONDARY SCHOOL, A PUBLIC LIBRARY, OR A TAX-EXEMPT 501[c] ENTITY, OR TO ANOTHER CONSUMER; PROVIDED HOWEVER, THAT SUCH A TRANSFER OF YOUR COMPUTER DOES NOT, IN ITSELF, TRANSFER YOUR ACCOUNT.
You may not reverse engineer, disassemble or decompile or otherwise reverse engineer or attempt to reverse engineer or derive source code from, all or any portion of the Software or anything incorporated therein or permit any third party to do so except to the extent that this restriction is expressly prohibited by applicable law. The Software may contain license management technology, circumvention or disabling of which is prohibited. If the Software is an update, any transfer must include the update and all prior revisions.
C. OWNERSHIP OF SYSTEM, GAME AND GAME CONTENT
You acknowledge and agree that GAI is the sole and exclusive owner of the System, and that GAI or its suppliers are the sole and exclusive owner(s) of all right, title and interest (including, without limitation, all intellectual property rights), code, programs, routines, subroutines, objects, files, data, characters (including all items, currency, objects and attributes comprising or associated with a character and an Account), and information uploaded to, downloaded from, and accessible through the System, including, without limitation, graphics, sound effects, music, animation-style video and text, some of which may be provided to GAI under license from independent content providers (collectively, "Game Content"). You further acknowledge the Game and the Game Content is protected by copyrights, trademarks, and other proprietary rights owned by GAI or its suppliers, title to all of which is expressly reserved, and that you acquire no rights in any of the same, express or implied, beyond those granted specifically in the current version of the License.
D. OWNERSHIP OF ACCOUNTS
You acknowledge and agree that your Account(s), and all attributes of your Accounts, including all guilds, groups, titles, and characters, and objects, currency and items acquired, developed or delivered by or to characters as a result of Game play through your Accounts are part of the System and the Game Content, and are the sole and exclusive property of GAI, including any and all copyrights and intellectual property rights in or to any and all of the same, all of which are hereby expressly reserved. YOU SPECIFICALLY ACKNOWLEDGE THAT THE TIME YOU SPEND PLAYING THE GAME IS FOR ENTERTAINMENT PURPOSES ONLY, AND THAT YOU CLAIM NO INTEREST IN THE VALUE OF SUCH TIME AS REPRESENTED BY THE BUILDING UP OF THE EXPERIENCE LEVEL OF YOUR CHARACTER AND/OR THE ITEMS YOUR CHARACTER ACCUMULATES DURING YOUR TIME PLAYING THE GAME.
As to information you transmit to the System through your Account, except as otherwise provided herein, you hereby irrevocably and without additional consideration beyond the rights granted to you herein, assign to GAI any and all right, title and interest you have or may have, including copyrights, in or to any and all files, data, or information comprising or manifesting in a manner perceptible by any means guilds, groups, titles, characters, and other attributes of your Account, together with all objects and items acquired or developed by, or delivered by or to characters, in your Account. Provided, however, that the foregoing assignment shall not include the content of messages posted by you to user-to-user areas, but that the following terms and conditions shall apply to such content.
E. USER CONTENT
The Game may afford users the means to communicate to the System information, including (without limitation) messages in chat rooms, "emotes," and similar user-to-user areas (collectively, "User Content"). As to User Content, the following terms and conditions apply. You hereby represent and warrant that any User Content you communicate or cause to be communicated to the System shall not (a) infringe the intellectual property, proprietary, privacy or publicity rights of any third party; (b) violate any law or regulation; (c) be defamatory, indecent, obscene, child pornographic or harmful to minors; or (d) contain any viruses, trojan horses, disabling code, worms, time bombs, "clear GIFs" cancelbots, or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept, or expropriate any data, information, packets, or personally identifiable information.
You acknowledge and agree that we may take any action we deem appropriate as to any User Content communicated by you, if we believe, in our sole discretion, that it may expose us to liability, or damage our relationship with any of our suppliers, licensors, ISPs or other users of the System and the Game. As to all User Content, you hereby grant to us an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sublicensable through multiple tiers, to exercise all intellectual property rights, in and to all or any part of your User Content, in any medium now known or hereafter developed, subject to restrictions and limitations imposed elsewhere in the License, and by applicable federal law.
You acknowledge and agree that the Game Content and User Content may include content owned by independent content providers (including other users), and licensed to us. You, and any user of your Account, must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Game Content and User Content. GAI does not prescreen User Content as a matter of policy, but GAI reserves the right, but does not undertake the responsibility, to remove User Content at any time which it deems to be harmful, offensive, or otherwise in violation of this Agreement.
Without limitation of any of its other rights, GAI shall have the right to display and publish any information (except personally identifiable information about you) associated with any character developed in your Account, for example, in charts, lists and other compilations, such as "Top Ten" lists and the like, without any prior notification to you of its intent to do so and without any compensation or any form of recompense whatsoever.
F. FEES AND PAYMENT METHODS
The Game is free to play. There are no annual or monthly fees. However, virtual items may be purchased in the Game and/or purchased with a Game DVD-ROM for use while playing the Game. All prices are stated in U.S. Dollars. Except as specifically stated otherwise, all items must be prepaid and may not be returned or exchanged. YOU UNDERSTAND AND AGREE THAT ONCE YOU AUTHORIZE US OR OTHER DESIGNATED PAYMENT SERVICE TO CHARGE YOUR CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, TERMINATION OF THE ITEM PURCHASED AND/OR THE DISCONTINUATION OF THE SERVICES DESCRIBED HEREIN. If You falsely contest any credit card purchase made in your Account and such charge is reversed, GAI shall be entitled to recover from you, in addition to the amount of the authorized charge, a fee in the amount of Thirty Dollars ($30.00) for each such wrongly disputed charge to cover the banking penalties and fees it incurs in connection with the same.
GAI may change its fees and external billing methods which directly impact you at any time effective seven (7) days after notice of these changes is given (i) at the time you access your Account through our "patching" system (described below) or (ii) on our web site. You are responsible for reviewing this Agreement to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate this Agreement and close your Account. If you find such change unacceptable, you MAY NOT access the System or play the Game after the expiration of fourteen days after the earlier to occur of (i) or (ii) above, but must notify, via electronic mail, GAI, prior to the expiration of that period, that you do not agree to the change and wish to close your Account, including in your notice the following: your true name and current mailing and e-mail address, login name and player name associated with the Account you wish to close, whereupon your access to the System through the referenced Account will be discontinued, and all rights granted under this License shall be terminated. You agree that your continued use of the Game fourteen days after the first to occur of (i) or (ii) above, without following the termination procedure set forth above, shall constitute acceptance of the change.
G. PATCHING THE GAME
For the purposes of updating/patching or otherwise modifying the Game, you hereby grant GAI permission to (i) extract hardware system profile data; (ii) extract information from your computer's file directories pertaining to the Game and your ability to access the System; (iii) download Game Content and Game files to your computer and any data related to operation of the Game from any computer that logs on to the System using your Account.
H GAI'S RIGHT TO DISCONTINUE USER’S ACCESS TO SYSTEM
YOU ACKNOWLEDGE AND AGREE THAT YOUR RIGHTS TO ACCESS THE SYSTEM, AND TO EXCHANGE INFORMATION WITH THE SYSTEM, INCLUDING (WITHOUT LIMITATION) ALL GAME CONTENT AND USER CONTENT, ARE GOVERNED BY THE TERMS OF THIS AGREEMENT. YOU FURTHER AGREE THAT ANY MATERIAL BREACH OF THE AGREEMENT (AS PUBLISHED ON GAI'S WEB SITE FROM TIME TO TIME) OR UNAUTHORIZED ACCESS OR USE OF THE SYSTEM BY YOU OR ANY OTHER USER OF ANY OF YOUR ACCOUNTS, SHALL ENTITLE GAI, AT GAI'S ELECTION, IN ADDITION TO AND NOT IN LIMITATION OF ANY OTHER REMEDY OR RIGHT WHICH MAY BE AVAILABLE TO GAI, TO IMMEDIATELY AND WITHOUT NOTICE DISCONTINUE ACCESS TO THE SYSTEM THROUGH YOUR ACCOUNT, AND ANY AND ALL OTHER ACCOUNTS THAT SHARE THE NAME, PHONE NUMBER, E-MAIL ADDRESS, INTERNET PROTOCOL ADDRESS OR CREDIT CARD NUMBER WITH THE DISCONTINUED ACCOUNT, AND TO DIRECT ANY PERSON THAT IS ASSISTING IN THE PERFORMANCE OF THE CONTRACT TO DISCONTINUE ITS PERFORMANCE.
2. ACCOUNT AND ACCESS TO SYSTEM
A. REGISTRATION AND REQUIREMENTS FOR ACCESS
The License permits you to establish, by completing the registration process, an Account and to access through a valid, authorized Account by means of an Internet connection (which GAI does not provide) GAI's Game information processing system by which GAI creates, generates, stores, displays and processes electronic information fixed on GAI's file servers comprising GAI's proprietary Game.
To play the Game, you must (i) download or install the gameclient, which entitles you to set up an Account on the System, to play the Game, and which includes interface software required for the Game; (ii) have an Account; and (iii) have an Internet connection (which we do not provide) to access your Account. In addition to any fees described herein, you are responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware, software, service and other costs you incur to access your Account.
B. ELIGIBILITY FOR AND USE OF ACCOUNT
Accounts are available only to individual, natural persons who are adults or, in the discretion of such an adult, his or her minor child.
If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case he/she/they will take full responsibility for all obligations under this Agreement.
BY CLICKING THE "I ACCEPT" AND "CONFIRMED" BUTTONS, AND PROVIDING US WITH A CREDIT CARD NUMBER, YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THIS AGREEMENT ON BEHALF OF YOURSELF OR ON BEHALF OF YOUR CHILD, IN WHICH CASE YOU REPRESENT THAT YOU PERSONALLY WILL BE BOUND BY ALL THE TERMS AND CONDITIONS HEREOF.
You shall not share your Account with anyone, or allow anyone else other than you personally to access or use your Account. Joint or shared ownership or use of an Account by more than one individual natural person is prohibited. Access to the System and playing the Game is intended for the entertainment, enjoyment and recreation of individual natural persons, and not as corporate, business, commercial, or income-seeking activities. Corporations, associations, partnerships, joint ventures, limited liability companies, artificial persons, and other business or other entities that are not a single, individual natural person, are not eligible to establish Accounts, to access the System, or to play the Game, nor is anyone who is acting for or on behalf of or in the course of the business of, any such artificial person or entity. Except as expressly permitted by the current License, accessing the System and/or playing the Game for commercial, business, or income-seeking purposes is strictly prohibited.
BY CLICKING THE "I ACCEPT" AND "CONFIRMED" BUTTONS, AND PROVIDING US WITH A CREDIT CARD NUMBER, YOU REPRESENT THAT YOU ARE ELIGIBLE TO ESTABLISH AN ACCOUNT, ACCESS THE SYSTEM, AND PLAY THE GAME, AND THAT YOU ARE NOT ACCESSING THE SYSTEM OR PLAYING THE GAME FOR A PROHIBITED PURPOSE.
You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. Provided, however, that if you are a parent or guardian, you may permit one child to use the Account instead of you (in which case you may not use that Account), and parents or guardians are liable for the activities of their child.
C. LIMITATION ON NUMBER OF ACCOUNTS
Without the prior written consent of GAI, which may be withheld in GAI's sole discretion, no person may use, or authorize or permit another to use, a credit card, or any combination of multiple credit cards, issued to such person, to establish and/or maintain more than five (5) Accounts on the System at a time.
D. PASSWORDS, LOGIN NAMES, AND PLAYER NAMES
Upon registration, you must select a password and a secret word ("Passwords"). You are responsible for maintaining the confidentiality of your Passwords and are responsible for any damage, harm, lost or deleted characters, etc. resulting from your disclosure, or allowing the disclosure of any password or from use by any person of your Passwords to gain access to your Account.
IN NO EVENT SHALL GAI BE HELD RESPONSIBLE FOR ANY DAMAGE THAT OCCURS TO YOUR ACCOUNT, YOUR CHARACTERS OR THEIR POSSESSIONS IN THE EVENT YOUR PASSWORDS ARE DISCLOSED, NOR IS GAI LIABLE FOR ANY FINANCIAL OR EMOTIONAL DAMAGE OR DISTRESS YOU MAY SUFFER AND/OR FOR SUBSEQUENT LOSS OR DAMAGE TO YOUR ACCOUNT, CHARACTERS, AND ANY AND ALL OF THEIR POSSESSIONS AS A RESULT OF THE DISCLOSURE OF YOUR PASSWORDS TO A THIRD PARTY.
You shall not disclose your Passwords to any third party (except as part of an authorized Transfer of Rights to Your Account as set forth below) or allow anyone to use your password to access the System or your Account, or to play the Game. It is also prohibited to obtain, attempt to obtain, use, or attempt to use the password of anyone else.
SUCH DISCLOSURE AND/OR USE OF A PASSWORD IS A BREACH OF THE AGREEMENT. WE NEVER ASK YOU FOR YOUR PASSWORD BY TELEPHONE OR E-MAIL, AND YOU SHOULD NOT DISCLOSE IT THIS WAY IF SOMEONE ASKS YOU TO DO SO. There may be an additional charge to reissue lost Passwords.
You accept and acknowledge that in order to help maintain the integrity of the accounting system used by GAI, your secret word is used to prove ownership of the account. You further accept and acknowledge that it is your sole responsibility to keep track of and keep the word secure at all times. In the event that you are not able to remember the secret word when asked by GAI's representatives in connection with an accounting issue, GAI shall not be required to use any means to help establish your ownership of the account. IN NO EVENT WILL GAI BE LIABLE FOR ANY FINANCIAL OR EMOTIONAL DAMAGE OR DISTRESS YOU MAY SUFFER AS A DIRECT OR INDIRECT RESULT OF YOUR FAILURE TO REMEMBER YOUR SECRET WORD.
To obtain an Account, you will be required to choose both a login name and a player name. You may not allow anyone to use your login and/or player name to access the System or your Account, or to play the Game. No player may use the player name of another to impersonate or falsely represent his or her identity. It is also prohibited to obtain, attempt to obtain, use, or attempt to use the login and/or player name of anyone else. While you are encouraged to use a pseudonym, especially if you are a minor, you may not pick a name that violates anyone's trademarks, publicity rights or other proprietary rights. Acceptance of a pseudonym by the System does not constitute a finding or acknowledgement by GAI that your chosen pseudonym does not violate any third party's trademarks, publicity rights or other proprietary rights, and the user is responsible for any liability in the choosing of a pseudonym. GAI retains the right to reject any pseudonym it concludes, in its sole discretion, is indecent, obscene, infringes the rights of others, or otherwise violates standards of good taste.
E. TRANSFER OF RIGHTS TO YOUR ACCOUNT
You shall be permitted to transfer once to another person eligible to obtain an Account your right to access and use your Account (but not items, characters and attributes of characters separate from the Account), on the following terms and conditions:
You may not offer to transfer the rights to any Account(s) except your own, or act as a "broker" or intermediary (for compensation or otherwise) for any others wishing to transfer or obtain Accounts. You may not transfer the rights to your Account to any entity or person ineligible to have an Account under the terms and conditions of this Agreement. You may not transfer rights to any Account which contains characters whose attributes are, in whole or in part, developed, or which contains items, objects, or currency obtained or acquired, in violation of the terms of this Agreement. The transferee must obtain all rights in your Account in a single transaction, and you must retain absolutely no control or rights over the Account, or the characters, items, and attributes associated with that Account. You must deliver to the transferee your secret word, password, account name and all information regarding your account other than personal billing information such as credit card number, Pay-by-Cash information, PayPal account, etc. You must deliver to the transferee a copy of the License then in effect, and the transferee must, as a condition of accessing the System through the transferred Account, agree to be bound by all the terms and conditions of this Agreement.
You must notify GAI, via electronic mail at https://support.gameforge.com, not later than three (3) days after concluding the sale that you have transferred the Account, including in your notice the following: your true name and current mailing and e-mail address, login name and player name associated with the Account; the true name and current mailing and e-mail addresses of the transferor (You) and the transferee, and the following statement:
"I HEREBY CERTIFY THAT, ON ______________ [INSERT DATE OF TRANSFER] I TRANSFERRED ALL MY RIGHTS TO ACCESS AND USE THE ACCOUNT IDENTIFIED ABOVE, TO THE PERSON IDENTIFIED ABOVE, AND THAT SUCH TRANSFER COMPLIES WITH ALL THE TERMS AND CONDITIONS GOVERNING ACCOUNT RIGHTS TRANSFERS, AS SET FORTH IN THE CURRENT VERSION OF THE USER AGREEMENT, WHICH I FURTHER CERTIFY I HAVE READ AND DELIVERED TO THE TRANSFEREE."
The subject field of the e-mail must contain only the name of the account that is being transferred. GAI assumes no obligation or responsibility for any misspelling or typographical errors on your part.
Any transfer of rights to access and use an Account shall not transfer any of GAI's rights, title or interests, in or to the System, the Game, the Game Content or the Software, other than the transferee's right to access and use the Account in accordance with the terms and conditions of the Agreement then in effect.
ANY TRANSFER OR ATTEMPTED TRANSFER NOT IN ACCORDANCE WITH THE FOREGOING TERMS AND CONDITIONS IS PROHIBITED, SHALL BE VOID, AND SHALL NOT BE BINDING ON GAI. ANY TRANSFERS OR ATTEMPTED TRANSFERS OF ANY RIGHTS IN AN ACCOUNT SHALL BE ENTIRELY AT THE RISK OF THE PARTIES TO SUCH TRANSACTIONS, AND IN NO CIRCUMSTANCES SHALL GAI BE RESPONSIBLE OR LIABLE TO ANY PERSON FOR ANY ACTS, OMISSIONS, STATEMENTS, REPRESENTATIONS, DEFAULTS, OR LIABILITIES OF THE PARTIES IN CONNECTION WITH SUCH TRANSACTIONS. THIS DISCLAIMER SHALL BE INDEPENDENT OF ANY OTHER LIMITATIONS ON REMEDIES SET FORTH HEREIN.
The Game reflects a carefully balanced internal economy. GAI has worked hard to build a world that does not repeat the mistakes of past on-line role-playing games, and to strike a balance that we believe makes the Game enjoyable, challenging and fun for players of all levels. Therefore, there are certain practices that GAI prohibits.
A. HACKS, CHEATS, MACROS, MODIFICATIONS, ETC.
You may not use any of your own or third-party software to modify the Game Content to change Game play. You may not use our intellectual property rights contained in the Game Content or the Software, or any information accessible through the System, to create or provide any other means through which the System may be accessed and/or the Game may be played by others, as, for example, through server emulators.
You may not take any action that imposes an unreasonable or disproportionately large load on our System. You may not use in Game play macros or other stored rapid keystrokes, "dupes," "cheats" or other patterns of play that facilitate acquisition of items, currency, objects, character attributes, rank or status at an accelerated rate when compared with ordinary Game play. You may not use your or third-party software to rewrite or modify the user interface or otherwise manipulate data in such a way as to use the System to acquire items, currency, objects, character attributes or beneficial actions not actually acquired or performed in the Game.
You may not engage in any conduct or practice that results in an Account containing items, objects, currency, character attributes, rank, or status that are inappropriate for the level or rank of the character contained in the Account, i.e., "item loading," SUCH CONDUCT IS STRICTLY PROHIBITED AND SHALL CONSTITUTE A MATERIAL BREACH OF THIS AGREEMENT. Conduct prohibited shall include, without limitation, arranging, making or accepting in-Game transfers of items to a character without adequate in-Game consideration, thereby augmenting or aggregating items in the transferee character's Account and having the effect of increasing its value for purposes of an out-of-game Account sale.
B. SELLING ITEMS AND OBJECTS
You may not transfer, sell or auction, or offer to transfer, sell or auction, or buy or accept any offer to transfer, sell or auction, any Game Content, including (without limitation) characters, character attributes, items, currency, and objects, other than through a permitted Transfer of Rights to Your Account as set forth above, nor may you encourage or induce any other Game player to participate in such a prohibited transaction. the buying, selling, or auctioning of characters, character attributes, items, currency, or objects whether through online auctions (for example eBay), newsgroups or postings on message boards, and/or any offer or attempt to do so, constitutes a violation of this Agreement. In addition to violating the License, selling and buying of individual characters, character attributes, items, objects and/or currency constitute an unauthorized modification of the data comprising the Accounts involved in the transaction, an unauthorized modification of proprietary Game Content, an unauthorized use of the System, and violates GAI's intellectual property rights. Moreover, engaging in conduct prohibited by this section may also constitute misappropriation, and/or tortious interference with our business and/or contracts, false designation of origin, endorsement or sponsorship of such trafficking, and tarnishment of the goodwill in the the game, among others.
C. USE OF "CHAT" AND INTERACTION WITH OTHER USERS
Communicating in-game with other Users and GAI representatives, whether by text, voice or any other method, is an integral part of the Game and the Service and is referred to herein as "Chat." When engaging in Chat, you may not:
(i) Transmit or post any content or language which, in the sole and absolute discretion of GAI, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
(ii) Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;
(iii) Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and services available outside of the Game;
(iv) Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without limitation advertisements to sell goods or services;
(v) Communicate or post any user's personal information in the Game, or on websites or forums related to the Game, except that a user may communicate his or her own personal information in a private message directed to a single user;
(vi) Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game;
(vii) Participate in any action that, in the sole and absolute opinion of GAI, results or may result in an authorized user of the Game being "scammed" or defrauded out of items that user has earned through authorized game play or purchased in the Game; or
(viii) Impersonate any real person, including without limitation any GAI agent or employee, nor may you communicate in the Game in any way designed to make others believe that your message constitutes a server message or was otherwise posted by any GAI agent or employee.
5. MODIFICATIONS AND AMENDMENTS
The terms and conditions of this Agreement may be amended or modified from time to time by GAI. The fact that the Agreement has been amended or modified shall be communicated to you at the time you log in to your Account. You will be asked to review the revised Agreement, and to indicate and confirm your acceptance by clicking "I AGREE," and "CONFIRMED" buttons in a dialogue box, as a condition of access to your Account. If you accept the revised Agreement, you will be granted access to your Account.
If the revision alters a material term, and you, in good faith, determine that the modification is adverse to you and unacceptable, then you shall have the right to terminate the agreement and close your Account, or to terminate the agreement and hold open your Account for a period of sixty (60) days to allow you a limited period within which to Transfer the Rights to Your Account in accordance with the terms set forth above. You may exercise these rights by clicking the "I Decline" button. Upon clicking the "I Decline" button, you will then be prompted either to terminate the Agreement and hold your Account open for a period of sixty (60) days to allow you to Transfer the Rights to Your Account; or to terminate the Agreement and immediately close your Account; then you will be prompted to confirm your choice. If you fail to confirm your acceptance of the revised Agreement, or if you fail to confirm your election to either hold open your Account or to close your Account when prompted to do so, you will be deemed to have exercised your right to terminate the Agreement and close your Account. In any event, if you fail or decline to accept the revisions in the manner specified above, your access to the System will be discontinued, and all rights to access the System and play the Game granted under the License shall be terminated immediately. No refunds shall be given in the event of termination under this section.
A. BY GAI UPON CESSATION OF SERVICES OFFERED
In the event GAI, in its sole discretion, ceases to provide any or all of the information services offered hereunder, then GAI may terminate this Agreement, close all Accounts, and cancel all of the rights granted to You hereunder upon not less than seven (7) days prior notice, which notice may be delivered via GAI's "patching" system, or posted on GAI's web site, or via electronic mail. No refunds shall be given in the event of GAI's termination under this section. YOU HEREBY SPECIFICALLY ACKNOWLEDGE THERE IS NO GUARANTEE THAT GAI WILL CONTINUE OFFERING ACCESS TO ITS SYSTEM ON A GOING-FORWARD BASIS.
B. BY GAI FOR BREACH
If you or anyone using any of your Accounts materially breaches this Agreement, makes any unauthorized use of the System, or infringes the intellectual property rights of GAI or any third party; or if we are unable to verify or authenticate any information you provide to us; or we become aware of Game play, Chat or any player activity whatsoever within your Account which is, in our reasonable discretion, inappropriate and/or in violation of this Agreement, then GAI may terminate the Agreement, close all your Accounts, and cancel all rights granted to you under the License. Such termination shall be effective upon notice delivered via electronic mail, or any other means reasonably calculated to reach you. No refunds shall be given in the event of GAI's termination under this section.
IN THE EVENT THAT GAI TERMINATES THIS AGREEMENT UNDER THIS SECTION, AND CLOSES AN ACCOUNT PURSUANT TO SUCH TERMINATION, THEN GAI RESERVES THE RIGHT TO TERMINATE ANY AND ALL OTHER ACCOUNTS THAT SHARE THE MEMBER NAME, PHONE NUMBER, E-MAIL ADDRESS, INTERNET PROTOCOL ADDRESS OR CREDIT CARD NUMBER WITH THE CLOSED ACCOUNT.
Termination by GAI under this section shall be without prejudice to or waiver of any and all other rights or remedies which GAI may have, all of which are expressly reserved, shall survive termination, and shall be cumulative.
C. BY USER
You may terminate this Agreement at any time for any or no reason, upon notice to GAI, whereupon all your Accounts will be closed, and all rights granted to you hereunder will be cancelled, effective upon your notice. No refunds shall be given in the event of termination under this section.
You may terminate this Agreement if you do not agree to any changes in this Agreement, by following the procedures set forth above for Modifications and Changes, whereupon access to all your Accounts will be terminated, and the rights granted to you hereunder will be cancelled, subject to the rights and obligations specified therein.
D. DISCONTINUED AND/OR CLOSED ACCOUNTS
Users whose Accounts have been discontinued or closed may not access the System or play the Game in any manner or for any reason, including through any other Account, without the express written permission of GAI. Users of active Accounts may not knowingly allow former users whose Accounts have been terminated to use the active user's Accounts.
IF EITHER PARTY TERMINATES THIS AGREEMENT FOR ANY REASON, ALL RIGHTS TO ACCESS THE ACCOUNT AND PLAY THE GAME WILL BE TERMINATED. EXCEPT TO THE LIMITED EXTENT PROVIDED FOR TRANSFER OF RIGHTS TO YOUR ACCOUNT, IN THE EVENT OF TERMINATION, ALL THE ATTRIBUTES OF THE ACCOUNT, INCLUDING CHARACTERS, ITEMS AND CURRENCY ASSOCIATED WITH THE ACCOUNT WILL BE LOST.
E. NO RIGHT TO COMPENSATION
YOU SPECIFICALLY ACKNOWLEDGE THAT THE TIME YOU SPEND PLAYING THE GAME IS FOR ENTERTAINMENT PURPOSES ONLY, AND THAT YOU CLAIM NO INTEREST IN THE VALUE OF SUCH TIME AS REPRESENTED BY THE BUILDING UP OF THE EXPERIENCE LEVEL OF YOUR CHARACTER AND/OR THE ITEMS YOUR CHARACTER ACCUMULATES DURING YOUR TIME PLAYING THE GAME. YOU FURTHER AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND OR OTHER COMPENSATION FOR THE TIME YOU HAVE SPENT PLAYING THE GAME OR FOR THE REAL OR PROJECTED VALUE OF YOUR ACCOUNT WERE IT TO BE SOLD. NOR IS GAI LIABLE FOR ANY EMOTIONAL DISTRESS YOU MAY SUFFER AS A RESULT OF LOSS OF YOUR CHARACTERS AND/OR ACCOUNT IN THE EVENT THAT EITHER YOUR ACCOUNT OR THE SERVICE AS A WHOLE IS TERMINATED. THIS LIMITATION SHALL BE INDEPENDENT OF AND IN ADDITION TO ANY OTHER LIMITATION ON LIABILITY SET FORTH HEREIN.
7. NO PRIVACY OR WARRANTY FOR IN-GAME COMMUNICATIONS
You understand that you have no expectation of privacy regarding the communications you make in the Game, whether through private in-game messaging or in open "chat," or in Chat Rooms, and that GAI representatives may monitor all communications made by or received from you. You understand that you should never provide any private information to any other player in the Game, and will not hold GAI responsible for the consequences of any such disclosure by you. Further, you understand that in playing the Game, you may encounter and converse with people who are rude, offensive, belligerent, and who may use indecent, obscene, and/or threatening or harassing language. You are encouraged to report any instances of such behavior to GAI, and GAI will take such measures as GAI, in its sole business judgment, determines are reasonable. HOWEVER, GAI DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING OR HARASSING WHILE YOU PLAY THE GAME. IN THE EVENT THAT GAI CHOOSES NOT TO TAKE ANY ACTION, TAKES AN ACTION WITH WHICH YOU DO NOT AGREE OR IS UNABLE TO TAKE ANY ACTION FOR ANY REASON WHATSOEVER, NEITHER GAI, OUR PARENT, OUR AFFILIATES NOR OUR SUPPLIERS SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF ANY OF THE SAME HAD KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL BE INDEPENDENT OF AND IN ADDITION TO ANY OTHER LIMITATION ON LIABILITY SET FORTH HEREIN.
8. PARENTAL GUIDANCE
9. DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION
10. LIMITED WARRANTY
WE PROVIDE THE SYSTEM, THE SOFTWARE, THE GAME, THE ACCOUNTS, THE GAME CONTENT, THE USER CONTENT, AND ALL OTHER CONTENT AND SERVICES PURSUANT TO THIS AGREEMENT "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Game remains with the user. If you purchased the Game on DVD-ROM, and the DVD-ROM is defective, you should contact your retailer for a refund, consistent with the retailer's return policy. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY.
Although GAI makes every effort to examine the contents of each third party website with a link on our websites, GAI provides no warranty with respect to such third party websites and cannot be held liable for the contents of the same. The respective operators of such third party websites are liable for their own content.
NO DISTRIBUTOR, AGENT OR EMPLOYEE OF GAI IS AUTHORIZED TO MAKE ANY MODIFICATIONS OR ADDITION TO THIS WARRANTY PROVISION.
11. LIMITATION OF LIABILITY; INDEMNITY
NEITHER GAI NOR ITS PARENT, AFFILIATES OR SUPPLIERS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OR ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. NEITHER GAI NOR ITS PARENT, AFFILIATES OR SUPPLIERS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO ACCOUNTS, STATISTICS, OR USERS STANDINGS, RANKS, OR ACCOUNT INFORMATION STORED BY THE SYSTEM AND/OR SOFTWARE. GAI SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL GAI BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. In no event shall GAI’s liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) One Hundred Dollars ($100). You hereby agree to defend, indemnify and hold GAI harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys’ fees) incurred by GAI arising out of or from (a) your use or misuse of your Account, the System, the Software, or the Game, including a third party’s use or misuse of your Account and/or Passwords; and/or (b) your violation of any provision of this Agreement, including without limitation any violation of the representations and warranties in the User Content section or of the License granted herein.
IN THE EVENT ANY OF THE FOREGOING DISCLAIMERS OR LIMITATIONS ON LIABILITY ARE DECLARED TO BE VOID OR UNENFORCEABLE, THEN GAI'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
12. EQUITIBLE REMEDIES
In the event You breach this Agreement, you hereby agree that GAI would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that GAI shall be entitled, without bond, other security, or proof of damages, to seek injunctive relief with respect to breaches of this Agreement, in addition to such other remedies as GAI may otherwise have available to it under applicable laws.
13. ATTORNEYS’ FEES
In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
14. PHOTOSENSITIVITY SEIZURE WARNING
A very small percentage of users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain patterns or backgrounds on a video monitor, or while playing video games attached to a television set, may induce an epileptic seizure. These conditions may induce previously undetected epileptic symptoms even in persons who have no history of prior seizures or epilepsy.
If you or anyone in your family has an epileptic condition, consult your physician prior to playing the Game. If you experience any of the following symptoms while playing a video or computer game - dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions - IMMEDIATELY discontinue use and consult your physician before resuming play.
15. DISPUTE RESOLUTION
A. GOVERNING LAW
This Agreement, and the rights and obligations of the parties hereto, shall be governed in all respects by the laws of the United States of America and the laws of the Sate of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents without regard to choice of law principles. The U.N. Convention on Contracts for the International Sale of Goods is expressly disclaimed. In the event that you reside in a jurisdiction outside the United States or choose to access the service from a location outside the United States, you agree that this Agreement shall be interpreted in a manner most consistent with the policies underlying California state law as nearly as possible and the original intentions of the parties expressed in this Agreement.
B ARBITRATION; JURISDICTION AND VENUE
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SOLE AND EXCLUSIVE FORUM FOR RESOLVING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR OTHERWISE RELATING TO ANY RIGHTS IN, ACCESS TO OR USE OF YOUR ACCOUNT, THE SYSTEM, THE SOFTWARE, THE GAME, GAME CONTENT, USER CONTENT AND/OR THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO, OTHER THAN AN ACTION FOR INJUNCTIVE RELIEF, SHALL BE BINDING ARBITRATION, UNDER THE AMERICAN ARBITRATION ASSOCIATION ("AAA") COMMERCIAL ARBITRATION RULES, THEN IN EFFECT. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall also apply to the proceedings. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
The location of the arbitration shall be in the City and County of San Francisco, State of California, United States of America and you and GAI hereby expressly agree to arbitrate there, and waive and agree not to raise any and all objections based on personal jurisdiction, venue, and/or inconvenience of such forum. In the event that this paragraph is held invalid or unenforceable, the remaining portions of this section shall remain in full force and effect.
In the event this arbitration provision is found to be illegal or unenforceable in connection with any dispute, or GAI brings an action for injunctive relief, such dispute shall be decided by a court of competent jurisdiction within the City and County of San Francisco, State of California, United States of America, and you and GAI agree to submit to the personal jurisdiction of such court.
A. COMPLIANCE WITH LAWS
You shall comply with all applicable laws regarding your access to and use of the System, use of the Software, your access to your Account and your playing of the Game. Without limiting the foregoing, you may not download, use or otherwise export or re-export any part of the information accessible through the System or the Software except in full compliance with all applicable laws and regulations.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties expressed in this Agreement, and the remaining portions shall remain in full force and effect.
Except as otherwise provided herein, you may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between GAI and you with respect to the subject matter hereof.
D. NOTICES FOR CALIFORNIA USERS
If you are a California resident, you may have this Agreement e-mailed to you by sending a letter to the following address with your e-mail address and a request for this information.
Gameforge America, Inc.
548 Market St #22350
94104 San Francisco, CA
United States of America
Under California Civil Code Section 1789.3, You are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at: (800) 952-5210, by email at: email@example.com, or in writing at:
Department of Consumer Affairs
Consumer Information Division
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
E. CONTACTING GAI
All services hereunder are offered by Gameforge America, Inc. 548 Market St #22350, 94104 San Francisco, California, United States of America. You can reach us during the hours of 9 am to 6 pm, Monday through Friday, Pacific Time by using https://support.gameforge.com.
Gameforge America, Inc.
548 Market St #22350
94104 San Francisco, CA
United States of America
Executives authorized to represent GAI:
GAI's registered office:
Despite carefully examing the contents of all external links on our websites, Gameforge cannot be made liable for the contents of external websites. The respective operators of said websites are liable for the contents of their websites.