1. 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.
2. Cheating/Hacking
You are not permitted under any circumstance or for any reason to cheat or utilize third party applications or code in order to gain unfair advantages in, or acquire Virtual Currency or items from, any of our Games. You agree not to design, disseminate, or use any third party programs designed to change any Game offered on the Site, or assist in the design of a third party program that changes any Game offered on the Site. You will be responsible for any damages to our company resulting from any of your use, dissemination, or design of such programs.
You may not:
1. reverse-engineer, decompile, or modify any of the game clients and use it in any way;
2. exploit any cheats or errors which you find in the Services. Any cheats or errors you discover during your use of the Services must be reported immediately to us;
3. attempt to access any other user's account;
4. misuse any of our customer service facilities;
5. deliberately enter false information into any of the forums on the Site;
6. encourage or attempt to trick other players into breaking our rules.
If our company discovers any of the aforementioned cheats or hacks, it may, in its sole discretion, suspend or terminate your account immediately, without notice to you. We may also place access restrictions based on your I.P. address to the Site and the Services.
3. Definition of the Terms
"User Content" is any data you upload or transmit on or through the Services, including profiles and in-game conversations. We advise all players to be wary of the accuracy or legitimacy of User Content. More information regarding User Content can be found in Section 6.
"Termination" or "suspension" refers to any mute, temporary ban, or permanent ban of an account or a character. Our company may limit, temporarily suspend, or permanently terminate your account or access to the Services or modify or remove any User Content in its sole discretion, and our company is under no obligation to compensate you for any losses or damages in this connection. More information about termination is available in Section 9.
"Virtual Currency" is defined as any in-game currency used to purchase products from our company or its partners. More information regarding Virtual Currency, pricing, and applicability can be found in Sections 5 & 12.
4. 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.
5. Termination of Services
Notwithstanding the foregoing, our company, for any reason and in its sole discretion, may decide, in good faith, that any person shall be denied access to any part of the Services or the Games. We may suspend, terminate, modify, or delete any account or game account at any time for any reason with or without any notice to you. You acknowledge that you are not entitled to a refund, in whole or in part, for any anything in connection with the terminated account.
You agree to cease and desist immediately from any attempt to access the Site and/or your account upon issuance of termination. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Services.
6. Introduction
Please read the terms of this document before attempting to use the Site.
7. Interruption
Our company takes every necessary precaution to ensure the stability of the Site and the Services. However, they are subject to scheduled and unscheduled maintenance and there may be incidents that might result in loss of server data. Server data is solely owned by our company and you acknowledge that you will not hold our company liable for any such loss of data. We perform maintenance in good faith in order to preserve the quality and stability of the Services and to improve, fix, or otherwise maintain the Site. Such maintenance may interfere with gameplay and the availability of the Services.
In the case of announced or unannounced down-time of the Services, our company is not responsible for disruptions relating to timed game events, purchases, subscriptions, Virtual Currency, or anything relating to, or deriving in, the Games or the Services. You understand that you will not be entitled to any refunds of fees or other compensation for any interruptions in the Services.
Playing the Games on the Site may require specific technical requirements. Our company does not guarantee the compatibility of your computer or software with any of the Games or the Services, nor is us responsible for any interruption or loss of data on your computer resulting from incompatible systems with the Games or the Services.
8. 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.
9. 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.
10. 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.