Effective as of June 6, 2017
TABLE OF CONTENTS
- Grant of a Limited License
- Additional License Limitations
- Account Eligibility and Registration
- Account Security
- No Ownership Rights in Account
- Virtual Property
- Account Suspension/Deletion
- Content Screening and Disclosure
- Code of Conduct
- Sales Policies
- Monetization of YouTube Game Play Footage
- Addon Policy
- Fan Fiction, Fan Artwork and Fan Sites
- Notification of Infringement
- Warranty Disclaimer
- Limitation of Liability
- Force Majeure
- Equitable Remedies
- Dispute Resolution and Governing Law
gamigo US, Inc. (“Trion”) provides certain content, online games (each a “Game”), and/or services through the Site, which are either publicly accessible or which require registration of or log in to a free account with Trion (an “Account”). Each Game includes two components: (a) the software program along with any accompanying materials or documentation, including a Game authorization code (collectively, the “Game Client”), and (b) Trion’s proprietary online platform service (the “Service”). Some Games may offer the option to purchase in-game currency (“Virtual Currency”), a license for in-game digital items (“Virtual Goods”) (collectively, “Virtual Items”) with “real world” money and/or other Game-specific content (“Premium Content” as defined in the applicable Game’s End User License Agreement (the “EULA”)).
Any use, reproduction, modification or distribution of the Site, a Game (including any Game-related Virtual Items), Game Client or the Service not expressly authorized by the terms of the Agreements is expressly prohibited.
Subject to your agreement to and continuing compliance with the Agreements, you may use the Site, Game(s) (including Game-related Virtual Items, if any) and/or the Service solely for your own non-commercial entertainment purposes by access through a web browser or an authorized, unmodified Game Client. You may not use the Site, Account, Game(s) (including Game-related Virtual Items, if any), Game Client(s) or Service for any other purpose, or using any other method.
The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the “License Limitations”). Any use of the Service, Game(s) (including Game-related Virtual Items which may be offered in connection with such Game(s) to the extent applicable), Game Client(s) and/or Service in violation of the License Limitations or the Agreements will be regarded as an infringement of Trion’s rights. You agree that you will not, under any circumstances:
- use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Game experience;
- exploit the Game(s) or any of its parts (such as any Game-related Virtual Items which may be offered in connection with such Game(s)), the Game Client(s) or Service, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of Trion (as, for instance, set forth in a Game EULA); (b) communicating or facilitating any commercial advertisement or solicitation; (c) for gathering Virtual Items and/or resources for sale outside the Game; or (d) performing in-game services in exchange for payment outside the Game, (e.g., power-leveling, etc…);
- use the Game(s) (including Game-related Virtual Items which may be offered in connection with such Game(s)) or any of its parts, or the Service, for any “e-sports” or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without Trion’s prior written consent;
- use the Site, Account, Game(s) (including Game-related Virtual Items, if any), Game Client(s) and/or Service in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist or become involved in any type of attack, including without limitation denial of service attacks, upon the Service or otherwise attempt to disrupt the Service or any other person’s use of the Service; or (b) attempt to gain unauthorized access to the Service, Accounts registered to other players, or the computer systems or networks connected to the Service;
- reproduce, sell, use as an investment vehicle, trade, transfer outside of the Game(s) or otherwise misuse Game-related Virtual Items or in-Game resources that may be offered in connection with any Game(s);
- use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Site, Account(s), Game(s) (including Game-related Virtual Items, if any), Game Client(s) and/or the Service, including without limitation any software that reads areas of RAM used by the Game(s) or the Service to store information about a character or the game environment; provided, however, that Trion may, in its sole and absolute discretion, allow the use of certain third party user interfaces;
- modify or cause to be modified any files that are a part of the Game(s) (including Game-related Virtual Items, if any), Game Client(s) and/or the Service in any way not expressly authorized by Trion;
- host, provide or develop matchmaking services for the Game, Game Client(s) and/or the Service, or intercept, emulate or redirect the communication protocols used by Trion in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
- facilitate, create or maintain any unauthorized connection to the Game, Game Client(s) and/or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by Trion;
- violate any applicable law or regulation in connection with your use of the Site, Account, Game(s), (including Game-related Virtual Items, if any), Game Client(s) and/or the Service; or
- disrupt or assist in the disruption of (i) any computer used to support the Service (each a “Server ); or (ii) any other player’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME CLIENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
In order to create an Account, you must provide Trion with certain personal information such as your (i) date of birth and country of residence; (ii) first and last (or sur) name; (iii) e-mail address; (iv) password; (v) in certain circumstances, secret question and answer; and (vi) in some cases, payment and/or billing information (including your address). You also have the option to select a publicly viewable ‘display name’ to be used when participating in posting content in designated forums. When choosing your display name, DO NOT use personal information (for example, your full name, surname or e-mail address) which could be used to identify who you are.
You can access, edit and update your Account information at any time through the Site’s Account Management feature. You agree that you will supply truthful, accurate and complete information to Trion, and that you will update such information promptly in the event that it changes. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, Trion reserves the right to terminate this Agreement, your Account(s), and/or your use of the Game(s), Game Client(s) and/or Service.
You may not transfer, share or make available (except, as set forth above, to your minor child) your Account information to others. Any distribution by you of Account information may result in suspension, termination or cancellation of your access to the Site, a Game or the Service without refund (including any charges whether or not authorized by you).
You are responsible for maintaining the confidentiality of your Account and for all activities which occur through the use of your Account, including purchases, whether or not authorized by you. You agree to: (i) immediately notify Trion of any unauthorized use of your Account or any other breach of security; and (ii) ensure that you secure your Account and computer from third party access. Trion will not be liable for any loss or damage arising from your failure to comply with this Section. You may be issued a new password or be required to change your password from time to time.
We have implemented physical, electronic and managerial procedures in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions on or through the Internet and personal information stored on our Servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via e-mail are not protected by encryption and are vulnerable to interception during transmission.
Trion owns, has licensed, or otherwise has rights to all of the content that appears on the Site, in the Game (including Game-related Virtual Items, if any) and Game Client(s), and through the Service. You agree that you have no right or title in or to any such content, including without limitation any other attributes associated with any Account or stored on the Service.
Any and all content, including any communications, images, sounds and all material or information, that you submit (e.g. by uploading or transmitting) to Trion (collectively, “User Content”) shall be deemed, and shall remain, the property of Trion and/or its third party providers from the moment of creation. Accordingly, you hereby grant Trion a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license (including the right to sublicense to third parties), and right to reproduce, fix, adapt, modify, translate, re-format, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, such User Content, as well as all modified and derivative works thereof, in whole or in
part, in any languages and in any media now known or not currently known, without any further notice or attribution to you, and without any requirement of permission from or payment to you (or any other person or entity). To the extent permitted by applicable laws, you hereby waive any moral rights you have in any User Content.
If you upload or transmit any User Content to the Site or through the Service, including through a Chat feature (defined below), you promise that (i) the material is a file of yours that will not violate any right of or require any compensation to any person or entity, (ii) you are the copyright owner of the material or have all rights necessary to authorize its unfettered use and distribution, and (iii) you are eighteen (18) years of age or older. You understand that once you post or transmit any such content, anyone can download and/or distribute that material. You expressly waive any and all claims you may have against Trion and release Trion from any and all liability arising from or related to the submission and Trion’s or any third party’s use or transmission of such content.
All content, games and other information offered on or through the Site are subject to copyright and trademark protections, as detailed in our Legal Notice. The Site, the Game(s) (including Game-related Virtual Items, if any), Game Client(s) and the Service, and all content therein, are protected by the United States and other international intellectual property laws. Trion and its licensors reserve all rights in connection with the Site, the Game(s) (including Game-related Virtual Items, if any), Game Client(s) and the Service, including, without limitation, the exclusive right to create derivative works therefrom. You agree that you will not create any work of authorship based on the Site, the Game(s) (including Game-related Virtual Items, if any), Game Client(s) and the Service except as expressly permitted by Trion. Additionally, except as set forth in Sections 1 and 2 above, Trion does not authorize you to make any use of any Trion trademarks, service marks, trade names, logos, domain names, taglines, and/or trade dress (collectively, “Trion Marks”) under any circumstances without a written license agreement. Any reproduction, redistribution, or modification of the Site, the Game(s) (including Game-related Virtual Items, if any), Game Client(s) and/or the Service not in accordance with the applicable Game EULA or this Agreement, is expressly prohibited by law and may result in severe civil and criminal penalties.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON THE TRION PLATFORM OR SERVERS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF TRION. Trion does not recognize the transfer of 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.
You agree that Trion retains the unfettered right to modify its Game(s) and all aspects of characters, items, points and coin, including Virtual Currency, therein. You acknowledge that Trion has been, is, and will be constantly making changes to its Game(s). You further acknowledge that Trion can and will, in its discretion, modify features, functions or abilities of any element of any of its Game(s) or Virtual Items (which may, among other things, make the Virtual Items substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely). You acknowledge and agree that all Virtual Items represent a limited license right as governed by the terms of this Agreement, and are not redeemable for any sum of money or monetary value from Trion at any time.
Trion may offer the option to purchase Virtual Currency with “real world” money. Once acquired, Virtual Currency can only be used to license a variety of Virtual Goods offered by Trion; it has no cash value. Virtual Items may also be granted by Trion on a free, promotional or sale basis or, in certain circumstances, earned through gameplay. Free and/or promotional Virtual Items offered by Trion may be expired at Trion’s sole and absolute discretion at any time. Trion does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Game. Accordingly, you may not sell Virtual Items for “real” money, or exchange such Virtual Items for value outside of the Game. Regardless of how acquired, Virtual Items are non-transferable to another person or Account, do not accrue interest, and are not insured by the Federal Deposit Insurance Corporation (FDIC). Except for a limited, revocable, non-transferable license to use the Virtual Items in a Game, you have no ownership or property right in or title to such Virtual Items.
The Site is intended for a general audience and is not directed or targeted at children under the age of thirteen (13) or twelve (12) years old, in the United States or Europe respectively. Trion does not intentionally collect personal information from children of such age.
Trion does not, and cannot, pre-screen or monitor all User Content. However, our representatives may monitor and/or record your communications (including without limitation chat text) when you are on the Site, playing a Game or using the Service, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. We do not assume responsibility or liability for User Content that is generated by users. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or remove any User Content. WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of the Agreements; (c) to protect Trion’s legal rights and remedies; (d) if we, in our reasonable discretion, believe that someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.
Your use of a Game is governed by certain rules. These rules (the “Code of Conduct”), maintained and enforced exclusively by Trion, must be adhered to by all players. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and Trion reserves the right to determine which conduct it considers to be outside the spirit of the Game and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. Trion reserves the right to modify this Code of Conduct at any time.
- Rules Related to Usernames and Guild DesignationsEach user will either select a character name or allow the Service to automatically select a character name at random. Additionally, users may form groups such as «guilds,» “factions,” or “clans” and such groups will be required to choose a name for the group. When you choose a character name, create a group, or otherwise create a label that can be seen by other players using the Game or the Service, you must abide by the following guidelines as well as the rules of common decency. If Trion finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label, and/or suspend or terminate your use of the Game and/or Service. In particular, you may not use any name:(i) Belonging to another person with the intent to impersonate that person, including without limitation a «Game Master» or any other employee or agent of Trion;(ii) That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;(iii) Subject to the rights of any other person or entity without written authorization from that person or entity;
(iv) That belongs to a popular culture figure, celebrity, or media personality;
(v) That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
(vi) Belonging to any religious figure or deity;
(vii) Taken from Trion’s Game(s);
(viii) Related to drugs, sex, alcohol, or criminal activity;
(ix) Comprised of partial or complete sentence (e.g., «Getpwned», «Luvtodance quot;, etc);
(x) Comprised of gibberish (e.g., «Qwerty», «Asdfasdf», «Xyzpdq»);
(xi) Referring to pop culture icons or personas (e.g. «McLovin», «Kyle Broflovski», «Catwoman»);
(xii) That utilizes «Leet» or «Dudespeak» (e.g., «Roflmao», «Roxxurboxx», «Lolzumad»); or
(xiii) That incorporates titles. For purposes of this subsection, «titles» shall include without limitation ‘rank’ titles (e.g., «General Chow,» or “Captain Kangaroo”), monarchist or fantasy titles (e.g., «KingLoko», «LordPauleyC»), and religious titles (e.g., «ThePope,» or «Reverend Run»).
You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a «first» and «last» name that, when combined, violate the above name restrictions. Utilizing any name option to harass or disrupt another individual, group or guild will result in disciplinary action taken with respect to the offending account(s) and may result in character deletion. Accounts which have characters deleted due to a violation of this policy are not eligible for reimbursement privileges.
- Rules Related to «Chat» and Interaction With Other UsersCommunicating on the Site, in a Game or through the Service with other users and Trion representatives, whether by text, voice or any other method, (collectively, “Chat”) is an integral part of the Game and the Service.You understand that, by using the Chat features, you may be exposed to communications (including in written, verbal, electronic, digital, machine-readable or other form) that you might find objectionable. You understand that any content sent or appearing through a Chat feature is the sole responsibility of the individual(s) transmitting such content. This means that you, and not Trion, are entirely responsible for all content that you transmit. Under no circumstances will Trion or its third party providers be liable for any errors or omissions in any content or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, listening, use of or inability to use any content, including User Content.When engaging in Chat, you may not:(i) Transmit or post any content or language which, in the sole and absolute discretion of Trion, 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 universe;
(iv) Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without limitation continuous 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 or the Site;
(vii) Participate in any action that, in the sole and absolute opinion of Trion, results or may result in an authorized user of the Game or the Site being «scammed» or defrauded out of gold, weapons, armor, or any other items that user has earned through authorized game play in the Game (including but not limited to participation in player-run casinos, including those that utilize the roll mechanic); or
(viii) Impersonate any real person, including without limitation any «game master» or any other Trion agent or employee, nor may you communicate in the Game, or on the Site or Service in any way designed to make others believe that your message constitutes a Server message or was otherwise posted by any Trion agent or employee.
(iv) Anything that Trion considers contrary to or inconsistent with the «spirit» of the Game.
Users of the Site who have an Account may purchase Trion products and services, such as a digital download of a Game or Virtual Item, on the Site or via other online purchase mechanisms as Trion may offer (the “Store”). Items offered through the Store are for personal use only. We reserve the right to cancel orders that appear to be for commercial or retail use. In the event your order is canceled, we will attempt to notify you using the e-mail address you provided with your order and/or associated with your Account. You hereby agree to receive all notices and records from Trion in electronic form, and you acknowledge that you will only be entitled to receive notices or records from Trion in paper form by contacting us directly and making such request.
Trion’s commerce systems use secure socket layer encryption technology when you transmit payment information (e.g. your credit card number) to us. Please be advised that download speeds may vary greatly depending on factors such as your Internet connection and the traffic to our Servers at any particular time.
- Pre-PurchaseFrom time to time, Trion may sell digital versions of certain Game(s), Virtual Items), products or services through the Store prior to their actual commercial release date. The purchase of such Game(s), products and services are subject to the terms of each such offer as detailed in the applicable product description on the Store. If you purchase a digital product through the Store (such as a Game or Virtual Item), you will (i) receive an e-mail verification of receipt of your purchase; (ii) be granted any related entitlements on your Account (such as bonus items, beta or early access, and/or a Game); (iii) be entitled to access such Game, product or service upon its commercial release; and (iv) not receive any physical product from Trion. Any game time entitlements (such as thirty (30) days game time included with purchase of a Game by a new Game Account) shall commence upon your initial log in to your Account following such Game’s commercial release.Please keep in mind that all release dates are estimates only and are subject to change.
- PurchasesIf you have elected to purchase any Game, product, service (including any subscription service) and/or Virtual Items through Trion’s commerce systems, upon your acceptance of these terms and submission of your order, you hereby agree that we have the right to automatically charge your credit card or debit your account for the applicable fees or charges, plus any applicable taxes we are required to collect, and you authorize us to do so. You agree to pay all fees incurred by you or anyone using an Account registered to you. You agree to notify Trion promptly of any changes to your credit or debit card account number, its expiration date and/or your billing address, and you agree to notify Trion promptly if your credit card expires or is canceled for any reason. After the submission of your order, you will receive an e-mail receipt from Trion providing details of your purchase. Please print a copy of such e-mail for your records.If you elect to redeem any promotional code in exchange for any products and/or services, you acknowledge that the applicable promotional code will then be permanently consumed and converted into the purchased product(s) and/or service(s). Unless otherwise specified, the cash value posted on the Store for any product or service being offered for redemption is inclusive of applicable sales taxes.You may purchase or redeem game cards which provide you with pre-paid access to Trion’s Game(s) (each sold separately) (each a “Game Card”) for a specified subscription period or specific amounts of Virtual Currency. If we make a Game Card available and you use a Game Card to pay for subscription services (for a Game for which you have a Game Client) through the Store, the Game Card shall enable your subscription service for the period stated on the Game Card and, thereafter, you will either need to provide an additional payment method accepted by Trion or purchase another Game Card for subsequent subscription periods, or your subscription will be terminated.Trion may revise the pricing for the goods and services offered, including without limitation subscription plans and/or Virtual Items for any Game, at any time.
All charges made to your credit card or debits to your account can be viewed by you under the Transaction History section of Trion’s customer Account Management site.
- Recurring FeesSome Games, content, products and/or services offered on or through the Site or the Service may be offered to you on a fee basis. If you have purchased a subscription-based product or service, each time your subscription comes up for renewal, we have the right to charge your credit card or debit your account the then-current renewal rate plus any applicable taxes we are required to collect, and you authorize us to do so. If you elect to purchase or subscribe to such products and/or services, you warrant that (i) you are the age of majority in your jurisdiction, or, if you are a minor, you have your parent’s permission, (ii) your use of the particular credit card or other accepted method of payment is authorized, (iii) all information that you submit is true and accurate (including, without limitation, your credit card number and expiration date), and (iv) that payments will be processed automatically (e.g. charged to your credit card or debited from your account), unless and until you affirmatively cancel the subscription and/or your Account in accordance with its applicable terms. If we are unable to process your credit card or debit your account at a renewal period, your subscription may be terminated immediately and your access to the applicable product or service shall be limited to the use of “free of charge” functions, if any. In the event you cancel your subscription service, Trion will not refund any fees already paid or owed by you.
- Virtual Currency and/or Virtual GoodsPurchases of Virtual Currency and/or Virtual Goods are non-refundable, unless otherwise required by law.As Trion deems necessary, in its sole and absolute discretion, Trion may limit the total amount of Virtual Currency and/or Virtual Goods that may be purchased at any one time, and/or limit the aggregate amount of Virtual Currency and/or Virtual Goods that may be held in your Account.You are solely responsible for verifying that the proper amount of Virtual Currency and/or Virtual Goods has been added to or deducted from your Account during any given transaction. You are responsible for notifying Trion immediately if you believe that a mistake has been made with respect to your Virtual Currency and/or Virtual Goods. Trion, in its sole discretion, may require additional information and/or documentation to verify your claim, and once Trion has the information that Trion deems necessary to verify your claim, Trion may take action to freeze your Virtual Currency and/or Virtual Goods and, if frozen, may unfreeze such Virtual Currency and/or Virtual Goods once Trion has returned control of your Virtual Currency and/or Virtual Goods to you. Regardless of any actions Trion may take on your behalf, you acknowledge and agree that Trion has sole and absolute discretion in determining whether or not your claim is valid and, if so, the appropriate remedy.Trion reserves the right to reduce, liquidate, deactivate, suspend or terminate your Virtual Currency and/or Virtual Goods if Trion determines in its sole discretion, after investigation, that you have misused such Virtual Currency and/or Virtual Goods to conduct any fraudulent or illegal activity.
If you leave a balance of Virtual Currency unused for a period of time set forth by your state, country, or other governing body in its unclaimed property laws, or if your account is closed, whether voluntarily or involuntarily, we may process your Virtual Currency balance in accordance with our legal obligations, including by submitting funds associated with your Virtual Currency balance to the appropriate governing body where required by law.
YOU ACKNOWLEDGE THAT THE VIRTUAL CURRENCY AND/OR VIRTUAL GOODS YOU ACQUIRE HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR MONEY, GOODS, OR OTHER ITEMS OF MONETARY VALUE.
- Refund PolicyAll subscription fees (including any Game Card redeemed for subscription services) and fees associated with virtual items, if any, are payable in advance and are not refundable in whole or in part. YOU AGREE THAT TRION IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY BACK FOR PRE-PAID TIME AND/OR VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER VOLUNTARILY OR INVOLUNTARILY. Additionally, as products or services (such as Game(s) or Virtual Items) that are downloadable are deemed used promptly upon completion of your purchase, no refunds will be made for such purchases. Unless otherwise required by law or permitted by this Agreement, downloaded products, account keys purchased to activate or unlock downloaded software (including any Game(s) and/or Game Client(s)), and Virtual Items are not refundable or redeemable for any sum of money or monetary value from Trion at any time.
- Customer ServiceUsers may contact Trion’s Customer Service team by e-mail by completing the applicable form found at Trion’s Customer Help site. Additionally, certain Game(s) and/or subscriptions provide support information which is available Monday through Sunday, 6:00 A.M. to 5:00 P.M. (Pacific Time) via telephone for your region as designated on our Customer Help site.
The Site and the Service, including any Chat features, may provide, and users may include in messages, links to other web sites or resources. Trion and its third party providers are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Trion and its third party providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, inability to use or reliance on any such content, goods or services available on such external sites or resources.
In the event that you wish to participate in YouTube’s revenue sharing program by placing advertisements alongside videos of your authorized Game play, Trion grants permission to participate provided that you:
- Prevent advertisements related to the following categories from appearing on the YouTube Channel, including, without limitation, by implementing the following Google® AdSense filters:(i) advertisements related to Trion’s competitors;(ii) advertisements related to gold-farming or other activities prohibited by this Agreement; and(iii) advertisements that would conflict with the Game’s ESRB or similar rating.
- Agree to ensure that all authorized Game play videos appearing on the YouTube channel do not conflict with the Game’s ESRB or similar rating.Trion has the right to monitor all YouTube Channel content, and to require you to remove any advertisements that, in Trion’s sole discretion, violate this Agreement. Trion reserves the right to revoke the permissions granted herein at any time, in its absolute and sole discretion.
Trion is proud to recognize the tremendous efforts in and passion for developing Game user interface addons (“Addons”). However, Trion reserves the right, in its absolute and sole discretion, to monitor, suspend, modify, or terminate the development and use of such Addons. The development and use of such Addons are governed by this Agreement.
- Development and Distribution of Addons.This provision exists to formalize the development and distribution of Addons. The purpose of this provision is to ensure the integrity of the Site, Game(s) and Service and to continue the promotion of an enjoyable gaming environment for our players. Failure to abide by this provision may result in measures up to and including formal legal action.(i) All Addons must abide by the applicable Game’s EULA and this Agreement.(ii) All Addons, including all versions thereof and all features therein, must be distributed free of charge. Further, Developers may not charge money, or any other form of compensation, for services related to the Addon.(iii) Addons may not include advertisements of any kind, including in-game requests for donations, unless expressly permitted by Trion.
(iv) Addons must not contain offensive or objectionable material, and must comply with the ESRB rating (and similar ratings from other ratings boards around the world) for the applicable Game.
(v) All Addon code must be completely visible, not hidden or obfuscated in any way, and freely accessible to and viewable by the general public.
(vi) Addons may not negatively impact the Service, Game, its shards or other players, including, without limitation, excessive use of the chat system, unnecessarily loading from the hard disk, or causing slow frame rates.
(vii) Trion reserves the right to disable any Addon or Addon functionality at its sole discretion.
- Disclaimer Related to AddonsYou may utilize user interface Addons created by members of the player community. Your use of the Site, Account, Game, Game Clients and Service is subject to this Agreement and the applicable Game’s User Interface Addon Policy. You hereby acknowledge that these Addons were not developed, and have not been tested, by Trion. As a result, Trion cannot make, and expressly disclaim, any express or implied warranties, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. These Addons may contain bugs, errors, problems or other limitations, so use of any Addon is at your sole risk and Trion has no liability for such use.
Trion is pleased to hear from its customers and welcomes your comments regarding its Site, Game(s) (including any Game-related Virtual Items which may be offered in connection with such Game(s)), Game Client(s) and/or Service. Unfortunately, however, Trion’s corporate policy does not permit it to consider or accept creative ideas, suggestions or materials other than those which it has specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Trion’s professional staff might seem to others to be similar to their own creative work. Accordingly, we must regretfully ask that you not send us any original creative materials, including game ideas or original artwork.
Trion hereby grants to each player (in good standing) of a Game, such grant to be revoked automatically as of the moment that the player’s Account is no longer in good standing, a limited, personal, non-exclusive, non-transferable, non-assignable and fully-revocable license to use (a) the relevant Game title, and (b) trademarks and copyrighted material from the applicable Game, including names and images of non-player characters (NPCs), deities, monsters, geographical locations, items characters, Virtual Items and background art or screenshots containing any of the foregoing, solely to be used for material (for example, so-called “fan fiction” or “fan artwork”) that such player posts to the Site and/or transmits through Chat features in accordance with this Agreement and for no other use.
Solely in connection with your website or web pages dedicated to the Game(s) that Trion develops, publishes and/or distributes (each a “Fansite”) and subject to compliance with these Terms, we grant you, on a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, fully revocable basis, permission to reproduce and redistribute certain Game-related assets or content that Trion may expressly designate “for fansite use” (“Fansite Content”) on your Fansite. You shall not rent, lease, reproduce, modify or create derivative works of or in any way exploit the Fansite Content, except as expressly permitted herein. If you intend to charge a subscription or access fee for your Fansite, we require you to execute a simple license agreement with us; the limited permission granted here does not cover such circumstances. Fansites which quote from the Site or a Game are requested to limit the quote to a paragraph or less and provide a link back to the Site for the full article or message, rather than reproducing the content in its entirety; permission to link from the Fansite to the Site is granted in such circumstances. You agree to include Trion’s trademark, copyright or other proprietary rights notices as provided on the fansite page for the Game referenced, when displaying Fansite Content. You shall not alter or remove any identifying information or copyright management information conveyed in connection with copies of Fansite Content nor challenge Trion’s (or its licensors’) ownership of the Fansite Content nor use or adopt any trademarks that might be confusingly similar to the Trion trademarks, or otherwise infringe Trion’s (or its licensors’) intellectual property rights in the Fansite Content in any way. Your ownership in the Fansite excludes the Fansite Content and excludes any derivative works based on the Fansite Content. The Fansite is not a “Joint Work” as that term is defined in the United States Copyright Act, Title 17 United States Code. Trion reserves all rights, title and interest in and to the Fansite Content which are not expressly granted herein, including the right in its sole discretion to expressly refuse this permission to any particular Fansite or to revoke this permission at any time. Under no circumstances will Trion be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this permission.
We respect the intellectual property rights of others and request that visitors to the Site and players of our Game(s) do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act (the “Statute”), Trion has adopted and implemented a policy respecting the copyright law which provides for the termination in appropriate circumstances of users of a Game, the Site or the Service who are found to be engaging in any infringing activity. Trion may terminate access for content providers or Chat participants who are found repeatedly to provide or post protected content without necessary rights and permissions.
If you believe that your work has been copied and is accessible on the Site or in a Game in a manner which constitutes copyright infringement, you may notify us by providing our copyright agent (specified below) with the following information, in writing, in the form required by the Statute:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works are to be covered by a single notification, a representative list of such works;
- A description of the allegedly infringing material and information sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an e-mail address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
- Address of Designated Agent to which Notifications of Claimed Infringement should be sent:
gamigo US Inc.
Attention: Legal Department
350 Marine Parkway, Suite 220
Redwood City, California 94065
You understand that online games, and system specifications necessary to play such games, may continuously evolve over time. Accordingly, Trion reserves the right to modify and/or increase the system specifications necessary to play any Game at any time and without notice. In such case, you and not Trion shall be responsible for purchasing any necessary additional software and/or hardware in order to access and play such Game(s).
Trion may require that you download and install updates to the Service and to the Game(s) you have installed on your computer. You acknowledge and agree that Trion may update the Game(s), Game Client(s), and Service on your computer, with or without notifying you.
This Agreement is effective until terminated. You may terminate this Agreement by discontinuing your use of the Site, deleting the Game Client and affirmatively cancelling all accounts, features or services to which you are subscribed. You will continue to incur and be responsible for any recurring subscription fees associated with any Game, feature (such as Game-related Virtual Items to the extent applicable) or service until you have affirmatively terminated each such Game account, feature or service in accordance with all applicable terms and end user license agreement(s). Trion may terminate this Agreement, and/or temporarily or permanently suspend your access to your Account, a Game, the Site and/or Service, effective immediately, with or without notice, in the event of any conduct by you which Trion, in its sole discretion, considers to be unacceptable or a violation of its Terms. The provisions of Sections 5, 6, 7 and 20-26 shall survive any termination of this Agreement.
THE SITE, EACH GAME (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY) AND THE SERVICE ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TRION DOES NOT WARRANT THAT THE SITE, YOUR ACCOUNT, A GAME (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY) OR THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, A GAME (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), A GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TRION IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SITE, ACCOUNT, GAME(S) (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), GAME CLIENT(S) OR THE SERVICE OR YOUR INABILITY TO USE THE SITE, ACCOUNT, GAME(S) (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), GAME CLIENT(S) OR SERVICE. IN NO EVENT SHALL TRION, ITS SUBSIDIARIES, LICENSORS, AFFILIATES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SITE, IN A GAME OR THROUGH THE SERVICE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (THE “TRION PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE SITE, YOUR ACCOUNT, A GAME (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), A GAME CLIENT OR THE SERVICE.
TRION DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, OR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THE SITE OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CHAT FEATURES, BY ANYONE OTHER THAN AUTHORIZED TRION EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE TRION PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ALL CHAT FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION OR ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION, ALL CHAT FEATURES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
NEITHER TRION NOR ANY TRION THIRD PARTY PROVIDER ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SITE, YOUR ACCOUNT, A GAME (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), A GAME CLIENT OR THE SERVICE AND NEITHER TRION NOR ANY THIRD PARTY PROVIDERS WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTIONS BETWEEN YOU AND THIRD PARTY PROVIDERS OR PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TRION IS TO STOP USING THE SITE, YOUR ACCOUNT, GAME(S) (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), GAME CLIENT(S) AND SERVICE, AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU.
In no event shall Trion’s aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Trion during the six (6) months immediately prior to the time such claim arose. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Trion and its affiliates shall be limited to the fullest extent permitted by law. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TRION, ITS LICENSORS, AND ITS AND THEIR SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS, FINES OR PENALTIES IMPOSED BY A COURT OF COMPETENT JURISDICTION OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) ASSERTED BY ANY THIRD-PARTY RESULTING FROM OR ARISING OUT OF YOUR USE OF, OR ANY ACT OF FRAUD OR DISHONESTY BY YOU IN CONNECTION WITH, THE SITE, YOUR ACCOUNT, A GAME, A GAME CLIENT, VIRTUAL ITEM(S) AND/OR THE SERVICE OR ANY BREACH BY YOU OF THE AGREEMENT OR ANY APPLICABLE LAWS, OR YOUR USE OR DISPLAY ON THE SITE OF ANY CONTENT GENERATED BY YOU.
Trion shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Trion, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Trion’s reasonable control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
You hereby acknowledge and agree that:
- WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER’S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES (INCLUDING MAC ADDRESS, SYSTEM OR CONFIGURATION FILES, CRASH DATA, ETC…) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH A GAME. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE GAME, WOULD CONSTITUTE A VIOLATION OF SECTIONS 1, 2 OR 11. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, TRION MAY (I) COMMUNICATE INFORMATION BACK TO TRION, INCLUDING WITHOUT LIMITATION THE ACCOUNT INFORMATION, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (II) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER ANY TRION AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
- WHEN THE GAME IS RUNNING, TRION MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF ANY TRION AGREEMENT.
- Trion may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if Trion believes that doing so may protect your safety or the safety of others.
- TRION MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that Trion is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk and with no expectation of privacy.
- You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.
- In the event that Trion sponsors, and you are an eligible participant and winner of, any contest or sweepstakes, you may be required to report as taxable income the value of any prizes received by you. To collect a prize, you will be required to provide a valid Social Security number or other tax identification number and any other information reasonably required by Trion. Trion and/or any sponsor who provides a particular prize may report the value of the prize to Federal and/or state taxing authorities.
In the event that you breach this Agreement, you hereby agree that Trion would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Trion shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Trion may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with Section 26, 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.
- Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Trion agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Trion will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to gamigo US Inc., 350 Marine Parkway, Suite 220, Redwood City, California 94065, Attention: Legal Department.
- BINDING ARBITRATION. IF YOU AND TRION ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, YOU AND TRION AGREE THAT EITHER YOU OR TRION MAY ELECT TO HAVE THE DISPUTE (EXCEPT THOSE DISPUTES EXPRESSLY EXCLUDED BELOW) FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. ANY ELECTION TO ARBITRATE BY ONE PARTY SHALL BE FINAL AND BINDING ON THE OTHER. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Trion will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
- RESTRICTIONS. YOU AND TRION AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN TRION AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
- Exceptions to Informal Negotiations and Arbitration. You and Trion agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any suit to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (2) any suit to seek temporary injunctive relief that will remain in place only until an arbitrator can determine whether the relief should be continued, modified or removed.
- Location. The Site is controlled and operated by Trion from its offices within the State of California, United States of America. Trion makes no representation that materials on this Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of San Francisco, State of California, United States of America. Any Dispute not subject to arbitration , or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of San Francisco, State of California, United States of America, and you and Trion agree to submit to the exclusive personal jurisdiction of that court.
- Governing Law. Except as expressly stated otherwise, this Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who access the Service from Canada, Latin America, Mexico, South America, the Caribbean, Australia or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 (“Act”) may apply to the Game and/or the Service as supplied by Trion to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Latin America, Mexico, South America, the Caribbean, Australia or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable. Should a court of competent jurisdiction determine that other laws apply, the Agreements shall be enforced to the fullest extent permitted by the laws of the applicable jurisdiction and be interpreted to give maximum effect to the terms and conditions hereof.
- Severability. You and Trion agree that if any portion of Section 26 is found illegal or unenforceable , that portion shall be severed and the remainder of the Section shall be given full force and effect.
Under California Civil Code Section 1789.3, California users of the Site receive 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 in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210.
Software from the Site, Game (including Game-related Virtual Items, if any), Game Client and/or Service is further subject to United States export controls. No software from the Site, Game (including Game-related Virtual Items, if any), Game Client and/or Service may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from the Site, Game (including Game-related Virtual Items, if any), Game Client and/or Service, you represent and warrant that you are not located in, under the control or, or a national or resident of any such country or on any such list.
Please note the certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you are anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing a video game, immediately discontinue use of the video game and consult your doctor. Please also note that when using a video game, you should take certain standard health and safety precautions, including avoiding playing the game when tired, taking ten (10) to fifteen (15) minute breaks every hour, sitting a reasonable distance from the screen and playing the game in a well-lit environment.