Terms of use
TERMS OF USE
PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THE SERVICE.
THQ Inc (the "Company," "we," "us") provides this web site (the "Site") and all Site-related services and products, including, without limitation, the massively multiplayer online real time strategy game entitled “Company of Heroes Online” (the game component referred to herein as the “Game” and the online component of the Game referred to herein as the "Service"). This Terms of Use (the “Agreement”) governs the relationship between the Company and you, with respect to your use of the Service and the End User License Agreement for the Game, which is incorporated herein by this reference, governs the relationship between the Company and you with respect to the Game software. It is important that you read carefully and understand the terms and conditions of this Agreement.
1. License to Use the Service. Subject to your compliance with the terms and conditions set forth Agreement, you may use the Service for your personal non-commercial entertainment purposes to access and play the Game. Notwithstanding the foregoing, we reserve the right at any time to:
1.1 Change the terms and conditions of this Agreement;
1.2 Change the Service, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content or data on or feature of the Service or the hours that the Service is available;
1.3 Change any fees or charges, if any, related to your use of the Service; and
1.4 Change the equipment, hardware or software required to use and access the Service.
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site. Your continued use of the Site or Service after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.
2. Service Registration.
2.1 Acceptance of Agreement/Age Requirements. In order to access and use the Service for any purpose, you must sign up for an account ("Account") with us. Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all of the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions of this Agreement, you may not sign up for an Account and you shall not have the right to use the Service, which includes the right to play the Game. Accounts may only be set up by one individual (i.e., one person per Account) and are only available to individuals 18 years of age or older. By accepting this Agreement, you represent that you are 18 years of age or older and without limiting your consent to or the scope of this Agreement or the licenses granted herein, or any future grant of rights, consent, agreements, assignments, and waivers you make with respect thereto, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you. Your Account may be used only by you. You agree that you are entirely liable for all activities conducted through the Account, and are responsible for ensuring that you and your parent(s) or guardian are aware of, understand, and will comply with the terms of this Agreement and any and all other Company rules, policies, notices and/or agreements. Only "natural persons," as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the right to establish an Account. We hereby disclaim any and all responsibility and liability for any unauthorized use of your Account.
2.2 Registration Process/Information. To register for an Account, you will be required to provide us with certain information about yourself, including, without limitation, your name, e-mail address, birthday and password. You will also have the opportunity enter credit card information and billing address if you will be purchasing items through the Service and may also input optional “Additional Information” including a security question and answer (or security questions and answers) to add additional security to your Account if you prefer. Please note, during such process we may collect your IP address and computer's hardware and operating system specifications. The information you provide to us and that we collect will be used by us for a variety of internal purposes, including without limitation to verify your rights to and maintain the Account, to ensure that your Account is unique, to deal with security, debugging and technical support issues, for billing and payment-related issues and to protect ourselves and others from abuse. All of the information you provide to us or that we collect from you will be governed by the terms and conditions of this Agreement and our Privacy Policy, which is incorporated herein by this reference. You agree at all times to (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Service and, in our sole discretion, to report you to the appropriate government authorities. We are not responsible or liable if your Account is "hacked" or if your Account (or the information contained therein) is otherwise deleted.
2.3 Account ID and Password. During the registration process you will be required to provide an email address as an account ID (“Account ID”) and a password. You will be responsible for the confidentiality and use of your Account ID and password and agree not to transfer your right to use or access the Service via your Account ID or password to any third person (except if you are a parent or guardian to one (1) of your minor children). If you have reason to believe that your Account with us is no longer secure, you should promptly change your password by visiting www.companyofheroes.com, login to your account using your current password, navigate to your account page and follow the prompts to reset your password. You should also notify us of the problem by e-mailing customer service by using the E-mail of Inquiry form on the Site. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT ID AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
2.4 Character Names / Display Names / Profile Photos. As part of the Service, you may select and/or provide a Character Name, a Display Name for use in forums and a Profile Photo for use in the forums (each referred to herein as a “Character Profile”). We reserve all right to refuse to grant you or to terminate a Character Profile that: (i) impersonates someone else, including, without limitation, another user, Company employee, Game master or any Game character, whether playable or not, (ii) is or may be illegal or is or may be protected by trademark or other proprietary rights laws, or may cause confusion, (iii) is or may be considered vulgar, defamatory, obscene, hateful, racially, ethnically or otherwise offensive, including any Character Profiles which are sexual in nature, (iv) is comprised of or includes the name of a popular culture icon, persona or media personality (e.g., "SuperMan" or "Barack Obama") or religious deity or figure or your real name or surname, (v) is comprised of or includes the names (including "street" names) of any drug, narcotic or other criminal activity, (vi) includes or is comprised of partial or complete sentences (e.g., "Iwillconquerall"), (vii) is comprised of or includes gibberish (e.g., "JK11hrtjK"), (viii) is comprised of or includes "Leet" or "Dudespeak" (e.g., OMGrofl), (ix) is comprised of or includes any rank and/or fantasy titles (e.g., "ColonelClark" or "PrincessPia"), (x) includes any special characters (i.e., ASCII codes) and/or (xi) is otherwise inappropriate, regardless of our software's ability to disallow such Character Profiles. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any Character Profile at any time and for any reason in our sole discretion.
3. SERVICE USE & RESTRICTIONS.
3.1 Basic Use. You may use the Service solely subject to the terms and conditions set forth in this Agreement. You may use the Software (as defined in the End User License Agreement) to access the Service solely subject to the terms and conditions of the End User License Agreement as well as this Agreement. You understand and agree, however, that you are solely responsible for obtaining and maintaining all telephone, cable, wireless, computer hardware and other equipment needed to access and use the Service and that you shall be solely responsible for all charges and fees related thereto.
3.2 Code of Conduct. While using the Service and Software, you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Service and Software. We further reserve the right to determine what conduct is inappropriate and outside the intended “spirit” of the Service and Game. While using the Service, you agree not to:
(a) Restrict or inhibit any other individual from using the Service, a Virtual Item (as defined below) or the Software, including, without limitation, by means of "hacking" or defacing any portion of the Service or Software;
(b) Institute an attack upon any server used in connection with the Service or otherwise attempt to disrupt such servers;
(c) Use the Service, Virtual Items or Software for any unlawful purpose or in any manner not intended by the Company as contemplated herein and/or on the Site;
(d) Engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive or otherwise objectionable behavior, including, without limitation, looting, kill stealing, making sexual comments and/or cursing;
(e) Express or imply that any statements you make or actions you take are endorsed by us;
(f) Impersonate another person (including celebrities), indicate that you are a Company employee, representative of Company or attempt to mislead users by indicating that you represent Company or any of Company's partners or affiliates;
(g) Transmit: (i) any content that is unlawful, harassing, vulgar, obscene, hateful, fraudulent, threatening, abusive, libelous, defamatory, obscene, sexually explicit, or racially, ethnically or otherwise objectionable, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (ii) any content that infringes our or any third party's intellectual property or other rights, or that you otherwise do not have permission to transmit; (iii) any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; (iv) any material, non-public information about companies without the authorization to do so; (v) any trade secret of any third party; or (vi) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
(h) Engage in spamming or flooding;
(i) Remove, alter or conceal any copyright, trademark, patent or other proprietary rights notices contained in the Service, Virtual Items or Software;
(j) "Frame" or "mirror" any part of the Service without our prior written authorization;
(k) Provide a link to any web sites that promote any product or any service;
(l) Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents, including, but not limited to, Virtual Items;
(m) Harvest or collect information about the Service, visitors to the Site or users of the Service without their express consent;
(n) Download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information contained in the Service except as expressly authorized by this Agreement;
(o) Host, provide matchmaking services for, or emulate or redirect the communications protocols used by us (or our designees) as part of the Service, including, without limitation, by protocol emulation, tunneling, reverse engineering, modifying the Software or using a utility program to host the Software;
(p) Sell, advertise, or post information on hacks for the Software, Virtual Items or Service and/or advertising, posting information on or selling hacks for any other software or web sites;
(q) Exploit the Software, Virtual Items or the Service for any commercial purpose, including the provision of "power leveling" services;
(r) Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage;
(s) Modify the Software, Virtual Items or the Service to change "game play," including, without limitation, creating cheats and/or hacks or using third-party software to access files in the Software or Service;
(t) Reverse engineer, decompile or disassemble all or any portion of the Service, Virtual Items or Software;
(u) Use tools which hack or alter the Software, Virtual Items or the Service or that allow you to connect to the Software's private binary interface or utilize users or other interfaces other than those provided by us to you;
(v) Engage in using macros (i.e., "macroing"), auto-looting or robot play (i.e., "botting") or any other behavior that allows you (or any character you are controlling) to automatically function or effect any action in the Game with or without your presence;
(w) Use "packet sniffing," scripting and/or macroing software for any purpose whatsoever, or otherwise monitor the Service, the Virtual Items or the Software;
(y) Attempt to obtain a password or other private account information from any other person or user of the Service; and/or
(z) Disclose your personally identifiable information or any other person or user's personally identifiable information (e.g., name, e-mail address, telephone number, age, address, etc.) on the Site or through the Service, or web sites or forums related to the Site or Service, including without limitation the Chat Channels discussed in Section 3.3(a).
3.3 Playing the Game. At all times while playing the Game, you shall comply with the terms and conditions of this Agreement. During the registration process, you will be required to select a Character Name to be used as your in-game name and Display Name to be used in connection with the Chat Channels (as defined below), such name to be subject to the restrictions set forth in Section 2.3 above.
(a) Chat Channels. While playing the Game, you may create and/or join existing chat rooms or communicate with other users through an in game chat feature as part of the Service (each referred to herein as "Chat Channels"). While participating in a Chat Channel, you shall comply with the terms and conditions of this Agreement as well as the terms and conditions of all Chat Rules and Policies provided on the Service, which are hereby incorporated herein by this reference.
(b) You understand that much of the information included in the Chat Channels is from other players who are not employed by or under the control of the Company. You further acknowledge that a large volume of information is available in the Chat Channels and that people participating in such Chat Channels occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Chat Channels by you or the other players. The opinions expressed in the Chat Channels reflect solely the opinion(s) of you and the other players and may not reflect the opinion(s) of the Company. We are not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Chat Channels. Under no circumstances will we or our affiliates, subsidiaries, agents, representatives, and associates, and the officers, directors, shareholders and employees be liable for any loss or damage caused by your reliance on the information in the Chat Channels or your use of the Chat Channels. You should be aware that, when you disclose information about yourself in a Forum while using the Service, the information is being made publicly available and may be collected and used by other users. When you disclose any information in a Forum, you do so at your own risk. We have no obligation to monitor the Chat Channels, or any postings or other materials that you or other players transmit or post on the Chat Channels. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Chat Channels and the postings and other materials you and the other players transmit and post; to alter or remove any such materials (including, without limitation, any posting to a Forum); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly, to protect ourselves, our sponsors and our members and visitors and/or to comply with legal obligations or governmental requests.
(c) Supply Store / Virtual Items. While playing the Game, you will have the opportunity to visit our online store ("Supply Store") and use online "Supply" or points earned while playing the Game to license or recharge a variety of virtual in game items ("Virtual Items") that can be used while playing the Game. Supply is obtained via playing the Game only. Virtual Items may also be purchased in the online store of the Service, subject to the additional terms and conditions of such transactions. Each Virtual Item that you obtain using Supply will be included in your Account until the earlier of that Virtual Item's expiration date, your Account's expiration or termination date, or such date when the Service ends. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE VIRTUAL ITEMS. We have no liability for "hacking" or loss of your Virtual Items from your Account, provided we will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. We have no obligation or responsibility to and will not reimburse you for any Virtual Item or any experience lost due to your violations of this and any other Company rules, policies, notices and/or agreements. You understand that any information related to the purchase of Virtual Items will be treated by the Company in the manner described herein and in our Privacy Policy, and, as applicable, in the manner described in the privacy policy of any third-party payment service that we choose to use. You agree that all information that you provide to the Company or a designated third-party payment service will be accurate, current and complete. You hereby agree to pay all charges incurred by you (or your child, if applicable) resulting from your use of the Service at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to such transactions. You understand that we may suspend or terminate your Account if for any reason a charge you authorize us to make to your credit card cannot be processed, is returned to us unpaid or is refunded to you by a payment partner in the form of a “charge-back” and, if such event occurs, you shall immediately remit to us payment for such charge through the use of another credit card or other payment mechanism. We shall not be responsible or liable for any credit card or bank-related charges or fees related to any of your transactions. We reserve the right, without prior notification, to limit the order quantity on any Virtual Item and/or to refuse to provide you with any Virtual Item. Verification of certain information applicable to a transaction involving a Virtual Item may be required prior to our acceptance thereof. Price and availability of the Virtual Items are subject to change without notice. You agree that you cannot and have no right to sell or otherwise transfer any of the Virtual Items, or any other content or information included in the Service, in whole or in part, to any third person or entity whatsoever, including, without limitation, on Internet auction sites (e.g., eBay, IGE) or in return for anything of value (including "real" money) or otherwise.
3.4 Hardware and Software Access. You hereby acknowledge that:
(a) The Company has the right to obtain, without notification to you, certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification.
(b) The Company has the right to obtain, without notification to you, non-personal information from your connection to the Service or Site for demographic purposes.
(c) The Company has the right to obtain, without notification to you, information from your computer, software, and parts or portions thereof, including, without limitation, your computer's random access memory, video card, central processing unit, hard drive(s) and any other storage devices to assist our efforts in policing users who may develop and/or use "hacks" and/or "cheats" to gain advantage over other users. The information obtained in this Section will only be used for the purpose of identifying persons or entities not in compliance or believed by the Company to not be in compliance with this Agreement and any and all other Company rules, policies, notices and/or agreements.
(d) The Company has the right access your computer to update the Software, including the Game Client, remotely, without your knowledge and you hereby grant Company the right to deploy and apply Updates. Company may accelerate Updates by enabling your computer to download pieces of an Update from other end users simultaneously. Your use of the Software and the Service may also allow other users to download pieces of Updates you have downloaded from your computer and you hereby consent to such access by other end users. Only Update files that you have recently downloaded will be made available to other users of the Service. You can opt out of allowing other end users to download pieces of Updates from your computer by un-checking the box labeled “enable peer to peer downloads” at the Game Launcher.
4. COMPANY MATERIALS.
The Software and Service are intended solely for playing purposes and for your personal use. You may print a single copy of any textual material available for downloading through the Service. Although the Company strives to provide content through its Service that is both useful and accurate, data and other information change frequently and are subject to varying interpretations. Accordingly, although the Company endeavors to use reasonable care in assembling such content, it may not be up-to-date, accurate or complete. In addition, portions of such content may have been contributed by various third parties and/or service providers. The inclusion of such information does not indicate any approval or endorsement of such third parties or providers and the Company expressly disclaims any liability with respect to the foregoing. Descriptions or images of, or references to, products or services available on the Service do not imply the Company's endorsement of such products or services. If you believe that certain content is incomplete or inaccurate, please contact our customer service department using the E-mail of Inquiry located on the Site with, if possible, a description of the content to be checked and the location (URL) where such content may be found.
5. LINKS.
The Site may contain links to other Internet web sites, including affiliated web sites, which may or may not be owned or operated by the Company. The Company has not reviewed all of the web sites that are linked to the Site, and the Company has no control over such sites. The Company is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that the Company offers such links does not indicate any approval or endorsement of any material contained on any linked site. The Company is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download from such web sites is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
6. COPYRIGHT INFRINGEMENT.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Company infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the Company to locate the material on the Site; (iv) the name, address, telephone number and email address (if available) of the complaining party; (v) a statement that the complaining party has 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 (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by the Company against you, the DMCA permits you to send the Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Company's Copyright Agent for Notice of claims of copyright infringement as follows: support@companyofheroes.com.
The Company copyright agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring through use of the Service or Site. Please note that these notifications and counter-notifications are legal notices. Company may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law. Please note, our Privacy Policy does not protect information provided in these notices and counter-notices. ALL OTHER INQUIRIES DIRECTED TO THE COMPANY COPYRIGHT AGENT WILL NOT BE ANSWERED.
7. OWNERSHIP, LICENSING AND RESTRICTIONS ON USE.
7.1 Ownership. Except for the personal information submitted by users of the Service, the Service and Software and all content included therein (including without limitation graphics, artwork, music, choreography, characters, Character Avatars, Virtual Items and/or other items acquired or created in the Service, including through the online store) are owned by Company or its licensors, and are protected by United States and other international intellectual property laws. You may not use our trademarks and trade dress in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or subscribers, or in any manner that disparages us. Except as expressly provided herein, we and our licensors do not grant you any express or implied rights, and all rights, title and interest that we have in and to the Service that are not expressly granted by us to you are retained by us.
7.2 Your License from Company. Subject to the terms of this Agreement and so long as you remain compliant with such Agreement, Company grants you a non-exclusive, limited, fully revocable license to use the Service, and the content contained therein in conjunction with the Service. You may not modify, publish, transmit, transfer, sell, reproduce, upload, post, distribute, perform, display, create derivative works from, or in any way exploit such content, except as Company expressly permits in this Agreement or the Service. Your use of such content for any purpose other than as expressly permitted in this Agreement or the Service is a violation of the intellectual property rights and other proprietary rights of Company and may subject you to civil liability and/or criminal prosecution under applicable laws.
7.3 Your License to Company. When you provide content to or create content using the Service, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable right throughout the world to exercise all copyright, publicity, and other rights you have in the content in any media known now or in the future. Such rights include, without limitation, all rights you have in use, distribution, reproduction, modification, adaptation, creation of derivative works, translation, public performance and public display of the content. You also hereby waive any moral rights you may have in such content under the laws of any jurisdiction. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Use. We reserve the right to remove or modify any content you provide to us or otherwise post on the Site at our sole discretion and without prior notice or any liability to you. You represent, warrant and agree that none of the content you provide to or create using the Service violates any third party's intellectual property or other rights or is subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure thereof.
7.4 Software. Use or downloading of the Software is conditioned on your acceptance of the terms and conditions of our End User License Agreement and any license agreements relating to such Software, including all third party agreements. By using the Software, you agree to all of the terms and conditions set forth in such agreements.
8. PRIVACY/SECURITY.
You understand that any information provided by you or collected by us in connection with your use of the Service will be used in the manner described herein and pursuant to the terms and conditions of our Privacy Policy, such Privacy Policy being incorporated into and made a part of this Agreement by this reference. If you do not agree to the terms of the Privacy Policy, you may not use the Service. Without limiting the terms of the Privacy Policy, you understand that we do not guarantee that your use of the Service and/or the information contained in your Account will be private or secure, and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service.
9. JURISDICTIONAL ISSUES/SERVICE INTERRUPTIONS.
The Service is not available or accessible in countries or territories where we are operating a localized version of the Service through a licensed operator. We make no representation that materials available on or through the Service, including, without limitation, the Software and the Game, are appropriate or available for use in all locations. Those who choose to access and/or use the Service do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Software is subject to United States export controls as set forth in the End User License Agreement. We reserve the right to limit, suspend, interrupt or terminate the availability of the Service, in whole or in part, to you and any other user or person, geographic area or jurisdiction, at any time and in our sole discretion. You acknowledge and agree that interruptions, delays and disruptions of the Service may occur and that the Company has no control over third party servers, systems and/or networks which may be utilized in connection with the functioning of the Service. The Company hereby disclaims all liabilities with respect to all interruptions, delays and disruptions of the Service.
10. TERMINATION AND DISCONTINUATION.
10.1 Termination. This Agreement shall remain effective until terminated. If you wish to terminate your Account, you may do so by following the instructions on the Site. We reserve the right, with or without notice to you, to suspend or terminate your Account and this Agreement if you violate the terms and conditions of: (i) this Agreement, (ii) the End User License Agreement, and/or (iii) any of the Forum Rules and Policies. We also reserve the right, with or without notice to you, to suspend or terminate your Account and this Agreement in our reasonable discretion.
10.2 Discontinuation. You understand that the Service is provided via the Internet by the Company through the use of servers, networks and other technology. Notwithstanding anything to the contrary in this Agreement (including without limitation Section 11.1), the Company reserves the right to permanently discontinue the Service at any time. Upon such discontinuation, your Account and this Agreement shall terminate.
10.3 Effect of Termination. Upon termination of this Agreement for any reason, your right to use the Service shall immediately cease, and you shall destroy all Software and other content obtained through your use of the Service and all copies thereof. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO OBLIGATION WHATSOEVER TO YOU AFTER THE TERMINATION OF YOUR ACCOUNT OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, TO PROVIDE YOU WITH A REFUND OF ANY CHARGES YOU AUTHORIZED OR ANY DESIGNATED PAYMENT SERVICE TO CHARGE TO YOUR CREDIT CARD(S) OR OTHER PAYMENT MECHANISM IN CONNECTION WITH YOUR PURCHASE OF VIRTUAL ITEMS.
10.4 Survival. Sections 7.1, 7.3, 11.3, 11.4, 12, 13, 14, and 16 (as well as the definitions applicable to such sections) shall survive any termination of this Agreement or discontinuance of the Service.
11. DISCLAIMERS.
THE SERVICE (INCLUDING THE SITE, THE GAME, THE VIRTUAL ITEMS, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN) AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, PARTNERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE Company AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, AND THE SERVER(S), SYSTEM(S) AND NETWORK(S) ON WHICH THE SERVICE IS HOSTED AND/OR OPERATES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICE AND ALL CHARGES AND FEES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF THE COMPANY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS, AGENTS OR THIRD PARTY USERS, WHETHER MADE ON THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICE, THE ONLINE STORE, ANY VIRTUAL ITEMS, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN IS ENTIRELY AT YOUR OWN RISK.
11. LIMITATION OF LIABILITY.
NEITHER THE COMPANY NOR ANY OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (INCLUDING, WITHOUT LIMITATION THE SITE, THE GAME, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN), YOUR ACCOUNT (INCLUDING, WITHOUT LIMITATION YOUR VIRTUAL ITEMS), ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH YOUR USE OF THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE, OR ANY PART THEREOF, IS TO STOP USING THE SERVICE. THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE THE LESSER OF TWENTY U.S. DOLLARS OR THE TOTAL CUMULATIVE AMOUNT PAID BY YOU TO OBTAIN VIRTUAL ITEMS.
12. INDEMNIFICATION.
As a condition of your access to and use of the Service and/or Site, you agree to indemnify, defend and hold the Company, our parents, affiliates, subsidiaries, independent contractors, licensors, suppliers, advertisers, partners, sublicensees and sponsors, and our and their directors, officers, employees, consultants, agents, attorneys and other representatives, harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (i) your access to and use of the Service and/or Site and the content therein, including, without limitation, any allegations that any content you submit or transmit while using the Service infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property rights, privacy or publicity rights or other rights of any third person or party; (ii) your violation of this Agreement, the Privacy Policy, any applicable law or the rights of any other person; (iii) any dispute you have or claim to have with one or more users of the Service and/or Site; (iv) the Company's resolution (if any) of any dispute you have or claim to have with one or more Users of the Service and/or Site; (v) your improper authorization for the Company to collect, use or disclose any data or content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that the Company disclose your personal information and other information collected as set forth in our Privacy Policy).
13. MISCELLANEOUS.
This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regard to principles of conflicts of laws that would result in the application of the law of a different jurisdiction. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Los Angeles, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Except as otherwise specifically provided herein, this is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with the Company's prior written consent. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The United Nations Convention on the International Sale of Goods is explicitly excluded from this Agreement.
