Terms of Use
TERMS OF USE
Welcome to the web site operated by KingsIsle Entertainment, Inc. (the “Company”), accessible at www.KingsIsle.com. “Site” means web sites of the Company and its affiliates, including any web sites on which these terms and conditions of use are posted. The “Site” may include access to virtual environments, games and other content, as well as downloadable software or applications for use on personal computers, tablets, mobile devices or phones. All users of the Site are subject to the following terms and conditions of use (these “Terms of Use”).
Please read these Terms of Use carefully before accessing or using any part of this Site. By accessing or using this Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Company Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Site.
The Company may revise and update these Terms of Use at any time without notice by posting the amended terms to this Site. Your continued use of the Site means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Site, your sole and exclusive remedy is to discontinue using this Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
USE OF THE SITE
You agree to use the Site only for lawful purposes:
(a) Specifically you agree not to do any of the following: (1) upload to or transmit on the Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Site by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Site); (10) post “spam,” transmit chain letters or engage in other similar activities; (11) solicit, provide or exchange any personal information, including but not limited to user names or passwords; (12) “stalk,” “phish,” abuse or harass another user, or attempt to do any of the foregoing; or (13) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by the Company, may harm the Company or users of the Site or expose them to liability. Without limiting any of the foregoing, you also agree to abide by any code of conduct and policies applicable to the Site or any service available on the Site.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available section of the Site (including password-protected areas), and all articles and responses to questions, other than the content provided by the Company, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company. You understand and acknowledge that you are responsible for whatever content you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Site. You grant to the Company the royalty-free, irrevocable, perpetual, transferable and world-wide right and license to use all content you upload or otherwise transmit to the Site in any manner the Company chooses, including, but not limited, to copying, displaying, performing or publishing it in any format or media whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
(c) Except as expressly authorized by the Company in writing, you may not reproduce, sublicense, distribute, sell or exploit for any commercial purposes (i) any part of this Site or its content, (ii) access to this Site or (iii) use of this Site or of any services or materials available through this Site, including, without limitation, by leasing access to the Site (e.g., at a cyber café), gathering and selling virtual items, codes, pre-paid game cards, or virtual currency through the Site, or otherwise.
(d) The Company reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Site which the Company, in its sole discretion, deems inconsistent with the foregoing commitments (including any material that the Company has reason to believe constitutes, or for which the Company has received notice of its constituting, a copyright infringement); (2) monitor and/or record communications between and among users on the Site; and (3) terminate any user’s access to all or part of the Site. However, the Company can neither review all material or communication before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. The Company reserves the right to take any action it deems necessary to protect the personal safety of users of this Site and the public; however, the Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
(e) Your failure to comply with the provisions of (a), (b) or (c) above may result in the termination of your access to the Site and may expose you to civil and/or criminal liability.
ACCOUNTS
Some services of the Site may permit or require you to create an account. You agree to provide true, accurate, current and complete information during the registration process for any account, and to keep the information current through updates. You may not impersonate any person or entity or misrepresent your identity, including by using another person’s account information. We may suspend or terminate your account for any failure to comply with these Terms of Use, any terms related to any service offered through the Site or for any reason whatsoever, or for no reason. Notwithstanding the foregoing, you acknowledge that the Company does not guarantee the accuracy of any information submitted by any user, including account information about the user. You are fully responsible for all activities conducted through your account. You are responsible for maintaining the confidentiality of your password and for any use of your password to gain access to your account and your account information. If you disclose your password to any other person, it is at your own risk.
PLEASE NOTE: YOU DO NOT OWN THE ACCOUNT YOU USE TO ACCESS THE SITE, AND YOU DO NOT OWN ANY DATA OR VIRTUAL ASSETS/CURRENCY THE COMPANY STORES ON ITS SERVERS RELATED TO THE ACCOUNT. You have no ownership interest in any virtual items or virtual currency that may be associated with the account from time-to-time. You acknowledge and agree that any virtual currency in the Site is virtual only, with no cash value in the “real world” or online outside of the Site. Your account is nontransferable so you do not have any right to sell or otherwise transfer your account or any virtual items or currency associated with your account in the “real world.” The Company does not recognize any such sale or transfer.
PAID SERVICES: PAYMENT
The Site may contain certain content or services that are provided for a transaction fee or other charge (“Paid Service”). These fees and charges are described on the web pages applicable to the Paid Service. In the event that you choose to use a Paid Service, you agree to the pricing, payment and billing terms applicable to the fees or charges for the Paid Service at the time of payment. The Company may add new Paid Services or modify fees and charges for existing Paid Services at any time in its sole discretion.
REFUND POLICY
Memberships and purchases of virtual currency for any Company game are non-refundable unless there are technical issues that prevent initial access to the game and cannot be resolved by customer service. All purchases for in-game items are non-refundable.
Refunds will not be given to players who have been banned from the game for any reason, including violating the terms and conditions of use.
PRIVACY: PROTECTION OF PERSONAL INFORMATION
The Company’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Company Privacy Policy, which is incorporated by reference into these Terms of Use.
UPLOADS TO YOUR DEVICES
Please note that if you are using downloadable applications from the Company, updates to your device’s systems or firmware may render your use of the applications incompatible. The Company does not warrant that the Site or any Company applications will be compatible with any updates to, or prior versions of, your devices. The Company may, but is not obligated to, provide you with updates to the Site or applications that improve compatibility with updated mobile devices.
DATA CHARGES
To the extent that your use of the Site or any Company application requires, or permits utilization of, wireless, cellular data, or internet access, you are independently responsible for securing the necessary data access service. For example, with respect to your mobile devices, the provider of your data plans may charge you data access fees in connection with your use of the Site or Company applications. You are solely responsible for all such charges payable to third parties.
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of this Site (including all information, text, displays, images and audio and any software made available through or in connection with the Site) and the design, selection and arrangement thereof, are proprietary to the Company or its affiliates or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Site for personal use related to your role as a current or prospective user of the Site. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of the Company, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Site are transferred to you, but remain with the Company or the applicable owner of such content.
SOFTWARE AND DOWNLOADS If the Company offers downloads of, or access to, software on this Site and you download or otherwise access such software, the software (including any data or images incorporated in or generated by the software) is licensed to you. You do not receive title to this software and you may not distribute or use the software other than for the purpose of using the applicable feature or service of the Site as offered by the Company. You may not modify, adapt, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of such software. Except as expressly provided, you may not create any derivative works of the software or any services available on the Site. This license is revocable at any time without notice and with or without cause. You agree to destroy or return to the Company all copies of the software upon revocation of your license to the software and/or termination of your account. The software is subject to all restrictions on use, disclaimers of warranties and other provisions in these Terms of Use. In the event that the software is also subject to a separate end user license agreement, the terms of such end user license agreement shall control any conflict between those terms and these Terms of Use.
CONFIDENTIALITY
During your use of the Site, you may have access to Company information, software or data that is not readily available to the public (“Confidential Information”), including any software downloaded through the Site. You agree to not to disclose any Confidential Information to any third parties unless it becomes publicly known without any action or failure to act on your part.
ACCESS AND INTERFERENCE
You agree that you will not (a) use any robot, spider or other automatic device, process or means to access the Site, (b) use any manual process to monitor or copy any of the material on this site or for any other unauthorized purpose without the prior written consent of the Company, (c) use any device, software or routine that interferes with the proper working of the Site, (d) attempt to interfere with the proper working of the Site, (e) take any action that imposes an unreasonable or disproportionately large load on the Company’s infrastructure, or (f) access, reload or “refresh” transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.
TRADEMARKS
The Company name and logos, and all related names, logos, product and service names, designs and slogans contained in the Site or any software provided or accessed in connection therewith are trademarks of the Company, its affiliates, licensors and/or contractors unless otherwise clearly specified in writing. You may not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and may be the trademarks of their respective owners.
LIABILITY OF THE COMPANY AND ITS LICENSORS
The Company does not assume any liability for the materials, information and opinions provided on, or available through, the Site (the “Site Content”). Reliance on the Site Content is solely at your own risk. The Company disclaims any liability for injury or damages resulting from the use of any Site Content.
THE SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER THE COMPANY, ITS LICENSORS OR CONTRACTORS, NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, THE CONTENT, PRODUCTS OR SERVICES. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY, ITS LICENSORS, ITS CONTRACTORS NOR ANYONE ASSOCIATED WITH THE COMPANY WARRANTS OR REPRESENTS THAT THE SITE, THE SITE CONTENT OR THE PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THIS SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY AND ITS LICENSORS AND CONTRACTORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE SITE CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. You agree that in no event shall the Company’s, its affiliates’ or their licensors and contractors’ aggregate liability to you in connection with the Site or any services hereunder (regardless of the form of action, whether in contract, tort or otherwise) exceed an amount equal to the lesser of (a) the total fees you have paid to the Company for the applicable component of the Site during the preceding six (6) months; or (b) one hundred dollars (US$100).
You acknowledge and agree that neither the Company nor its licensors or contractors operate or control the Internet and that: (i) viruses, worms, trojan horses or other undesirable data or software; or (ii) unauthorized users (e.g., hackers) may attempt to obtain access to your data, web site, computer or network. The Company uses what it believes to be reasonable efforts to protect itself and its Site users from such unauthorized use, but the Company and its licensors and contractors are not responsible for failures resulting from the acts or omissions of third parties not controlled by or under contract with the Company.
INTERACTION WITH OTHER USERS
As a condition of access to the Site, you release the Company (and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors and contractors) from claims, demand and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute you may have with any other user of the Site. The Company will have the right but not the obligation to resolve disputes between users relating to use of the Site, and to the extent that it elects to resolve such disputes, the Company will do so in good faith based on the general rules and standards of the Company and the Site. You release the Company (and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors and contractors) from claims, demand and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Company’s resolution of such disputes.
INDEMNIFICATION
You agree to indemnify and hold harmless the Company and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors, contractors and others involved in the Site or the delivery of products, services or information over the Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use or your use of the Site or any products, services or information obtained from the Site.
COMMENTS AND SUBMISSIONS
The Company welcomes your comments. All comments, suggestions or other information sent by you to the Company or its advertisers or business partners in response to solicitations on this Site will become the Company’s property and you agree that all intellectual property rights therein are transferred to the Company. If we solicit submissions through features or activities on or through the Site that require use of our copyrighted works, we grant to you a non-exclusive license to create a derivative work of such works to the extent required to make your submission and only for the purpose of making your submission. For avoidance of doubt, the Company shall own any developments by the Company or on its behalf arising out of your comments, suggestions or other submissions. To the extent the Company does not own such materials, you grant and agree to grant the Company a non-exclusive, royalty-free license to utilize, create derivative works of, distribute and sublicense such materials for any purpose in connection with the Company’s web sites, products and services. You have no expectation of any review, compensation or consideration of any type for all submissions hereunder.
You understand that any postings, or content submitted for posting, to publicly available portions of the Site, including chat areas, message boards and the like (“Public Areas”) are non-confidential for all purposes. You have no expectation of privacy related to Public Areas.
LINKS TO OTHER SITES: DEALINGS WITH OTHER MERCHANTS
The Site contains links to other web sites on the Internet. The Company is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including, without limitation, sites framed within the Site or third party advertisements, and does not make any representations regarding their quality, content, accuracy, or suitability for your viewing or use. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.
The Company is not responsible for any products or services you may elect to purchase, download or use from any third party distributor, merchant, advertiser, or other information or service provider (“Merchant”). All transactions regarding goods or services offered by Merchants, including, but not limited to, the purchase and payment terms for such goods or services, warranties, guarantees, maintenance and delivery, are solely between you and the Merchant and are governed by the terms of the agreement between you and the Merchant. The Company is not a party to any transactions between you and a Merchant, and is not liable for any direct or indirect costs or damages arising out of any dispute between you and a Merchant. NEITHER THE COMPANY, ITS LICENSORS OR CONTRACTORS, NOR ANY THIRD PARTY PROVIDER, OTHER THAN THE MERCHANT OFFERING SUCH GOODS OR SERVICES, MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE GOODS OR SERVICES OFFERED BY SUCH MERCHANT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPATIBILITY.
SUSPECTED COPYRIGHT INFRINGEMENT
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company may, in appropriate circumstances and in the Company’s sole discretion, terminate your access to this Site if it deems you to be a repeat infringer. The Company may also, in its sole discretion, limit your access to the Site and/or terminate your membership if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.
CONTACT REGARDING SUSPECTED INFRINGEMENT
Please contact our designated agent at 972-265-1900 or at copyright@kingsisle.com if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use.
BINDING ARBITRATION; CHOICE OF LAW; CLASS ACTION WAIVER
These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Texas, USA, without regard to its conflicts of law principles.
Any dispute that arises out of results from these Terms of Use, the Site or the Services which cannot be promptly resolved by the parties through informal negotiations shall be resolved through binding arbitration as set forth herein. The arbitration will be conducted by a single arbitrator in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The parties shall mutually agree upon a single arbitrator. In the event the parties are unable or fail to agree upon the arbitrator within thirty (30) days of one party initiating the arbitration, the arbitrator shall be selected by AAA. The place of arbitration shall be Dallas, Texas, USA unless the parties agree (or the arbitrator determines) that the arbitration may be conducted by phone, online, through the exchange of written submissions or some combination of the foregoing. The language of the arbitration shall be English and the arbitrator shall apply the laws of the State of Texas, USA. The parties will be entitled to engage in discovery in accordance with the AAA rules. It is the parties’ intent that the discovery proceedings be conducted in a cost-efficient manner and to resolve the arbitration within six (6) months of initiation. Each party will bear its own expenses, including attorneys’ fees and expenses, in connection with resolution of any dispute; provided that each party shall pay fifty percent (50%) of the fees and costs of engaging the arbitrator unless the arbitrator determines that the Company shall pay one hundred percent of the arbitrator fees and costs. Notwithstanding the foregoing, prior to seeking arbitration, either party may seek injunctive or other equitable relief with respect to a breach (or attempted breach) of these Terms of Use with respect to intellectual property or confidentiality.
PLEASE NOTE: The parties agree to arbitrate solely on an individual basis and that these Terms of Use do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. By agreeing to these Terms of Use, you are subject to binding arbitration and are waiving your right to sue in court and have a jury trial, as well as waiving the option to participate in a “class action” with respect to the Site or services hereunder.
MISCELLANEOUS
The owner of this Site is based in the State of Texas, USA. The Company makes no representation that materials in this Site are appropriate or available for use in other locations. If you access this Site from other locations, you are responsible for complying with local laws.
You agree to abide by U.S. and other applicable laws, including export control laws, and not to transfer, by electronic transmission or otherwise, any software or other content downloaded from the Site to a destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. By downloading any software from the Site, you warrant that you are not located in any country, or exporting such software to any person or place, to which the United States has embargoed goods. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
In the absence of taxes not shown separately, all related taxes, including but not limited to VAT, GST, PST, QST or sales and use tax, are included in the price where applicable.
These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and the Company with respect to the Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
You agree and acknowledge that your violation of any restrictions in these Terms of Use on the use of the Site, Site Content, or software or services available on or through the Site, or your use or disclosure of Confidential Information in a manner inconsistent with the provisions of these Terms of Use, may cause the Company irreparable damage for which remedies at law may be inadequate. You agree that, in the event of your unauthorized use of the Site, Site Content, software and services, or your unauthorized disclosure of Confidential Information, the Company will be entitled to injunctive relief, in addition to such other legal and equitable remedies that may be available. The Company’s licensors and contractors are express third party beneficiaries of any terms in these Terms of Use that are applicable to their products or services, including disclaimers of warranty and limitations of liability, and shall have the right to enforce directly against you all of your applicable representations, warranties, covenants, indemnifications and obligations under these Terms of Use.
If any part of these Terms of Use is unenforceable (including, without limitation, any part of the binding arbitration provision above), the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.
The terms related to protection of the Company’s intellectual property rights, disclaimer of warranties limitation of liability, choice of law and binding arbitration, indemnification obligations and any licenses granted by you to the Company shall survive any termination of your Account or these Terms of Use.
The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify these Terms of Use.
Welcome to the web site operated by KingsIsle Entertainment, Inc. (the “Company”), accessible at www.KingsIsle.com. “Site” means web sites of the Company and its affiliates, including any web sites on which these terms and conditions of use are posted. The “Site” may include access to virtual environments, games and other content, as well as downloadable software or applications for use on personal computers, tablets, mobile devices or phones. All users of the Site are subject to the following terms and conditions of use (these “Terms of Use”).
Please read these Terms of Use carefully before accessing or using any part of this Site. By accessing or using this Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Company Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Site.
The Company may revise and update these Terms of Use at any time without notice by posting the amended terms to this Site. Your continued use of the Site means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Site, your sole and exclusive remedy is to discontinue using this Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
USE OF THE SITE
You agree to use the Site only for lawful purposes:
(a) Specifically you agree not to do any of the following: (1) upload to or transmit on the Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Site by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Site); (10) post “spam,” transmit chain letters or engage in other similar activities; (11) solicit, provide or exchange any personal information, including but not limited to user names or passwords; (12) “stalk,” “phish,” abuse or harass another user, or attempt to do any of the foregoing; or (13) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by the Company, may harm the Company or users of the Site or expose them to liability. Without limiting any of the foregoing, you also agree to abide by any code of conduct and policies applicable to the Site or any service available on the Site.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available section of the Site (including password-protected areas), and all articles and responses to questions, other than the content provided by the Company, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company. You understand and acknowledge that you are responsible for whatever content you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Site. You grant to the Company the royalty-free, irrevocable, perpetual, transferable and world-wide right and license to use all content you upload or otherwise transmit to the Site in any manner the Company chooses, including, but not limited, to copying, displaying, performing or publishing it in any format or media whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
(c) Except as expressly authorized by the Company in writing, you may not reproduce, sublicense, distribute, sell or exploit for any commercial purposes (i) any part of this Site or its content, (ii) access to this Site or (iii) use of this Site or of any services or materials available through this Site, including, without limitation, by leasing access to the Site (e.g., at a cyber café), gathering and selling virtual items, codes, pre-paid game cards, or virtual currency through the Site, or otherwise.
(d) The Company reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Site which the Company, in its sole discretion, deems inconsistent with the foregoing commitments (including any material that the Company has reason to believe constitutes, or for which the Company has received notice of its constituting, a copyright infringement); (2) monitor and/or record communications between and among users on the Site; and (3) terminate any user’s access to all or part of the Site. However, the Company can neither review all material or communication before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. The Company reserves the right to take any action it deems necessary to protect the personal safety of users of this Site and the public; however, the Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
(e) Your failure to comply with the provisions of (a), (b) or (c) above may result in the termination of your access to the Site and may expose you to civil and/or criminal liability.
ACCOUNTS
Some services of the Site may permit or require you to create an account. You agree to provide true, accurate, current and complete information during the registration process for any account, and to keep the information current through updates. You may not impersonate any person or entity or misrepresent your identity, including by using another person’s account information. We may suspend or terminate your account for any failure to comply with these Terms of Use, any terms related to any service offered through the Site or for any reason whatsoever, or for no reason. Notwithstanding the foregoing, you acknowledge that the Company does not guarantee the accuracy of any information submitted by any user, including account information about the user. You are fully responsible for all activities conducted through your account. You are responsible for maintaining the confidentiality of your password and for any use of your password to gain access to your account and your account information. If you disclose your password to any other person, it is at your own risk.
PLEASE NOTE: YOU DO NOT OWN THE ACCOUNT YOU USE TO ACCESS THE SITE, AND YOU DO NOT OWN ANY DATA OR VIRTUAL ASSETS/CURRENCY THE COMPANY STORES ON ITS SERVERS RELATED TO THE ACCOUNT. You have no ownership interest in any virtual items or virtual currency that may be associated with the account from time-to-time. You acknowledge and agree that any virtual currency in the Site is virtual only, with no cash value in the “real world” or online outside of the Site. Your account is nontransferable so you do not have any right to sell or otherwise transfer your account or any virtual items or currency associated with your account in the “real world.” The Company does not recognize any such sale or transfer.
PAID SERVICES: PAYMENT
The Site may contain certain content or services that are provided for a transaction fee or other charge (“Paid Service”). These fees and charges are described on the web pages applicable to the Paid Service. In the event that you choose to use a Paid Service, you agree to the pricing, payment and billing terms applicable to the fees or charges for the Paid Service at the time of payment. The Company may add new Paid Services or modify fees and charges for existing Paid Services at any time in its sole discretion.
REFUND POLICY
Memberships and purchases of virtual currency for any Company game are non-refundable unless there are technical issues that prevent initial access to the game and cannot be resolved by customer service. All purchases for in-game items are non-refundable.
Refunds will not be given to players who have been banned from the game for any reason, including violating the terms and conditions of use.
PRIVACY: PROTECTION OF PERSONAL INFORMATION
The Company’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Company Privacy Policy, which is incorporated by reference into these Terms of Use.
UPLOADS TO YOUR DEVICES
Please note that if you are using downloadable applications from the Company, updates to your device’s systems or firmware may render your use of the applications incompatible. The Company does not warrant that the Site or any Company applications will be compatible with any updates to, or prior versions of, your devices. The Company may, but is not obligated to, provide you with updates to the Site or applications that improve compatibility with updated mobile devices.
DATA CHARGES
To the extent that your use of the Site or any Company application requires, or permits utilization of, wireless, cellular data, or internet access, you are independently responsible for securing the necessary data access service. For example, with respect to your mobile devices, the provider of your data plans may charge you data access fees in connection with your use of the Site or Company applications. You are solely responsible for all such charges payable to third parties.
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of this Site (including all information, text, displays, images and audio and any software made available through or in connection with the Site) and the design, selection and arrangement thereof, are proprietary to the Company or its affiliates or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Site for personal use related to your role as a current or prospective user of the Site. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of the Company, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Site are transferred to you, but remain with the Company or the applicable owner of such content.
SOFTWARE AND DOWNLOADS If the Company offers downloads of, or access to, software on this Site and you download or otherwise access such software, the software (including any data or images incorporated in or generated by the software) is licensed to you. You do not receive title to this software and you may not distribute or use the software other than for the purpose of using the applicable feature or service of the Site as offered by the Company. You may not modify, adapt, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of such software. Except as expressly provided, you may not create any derivative works of the software or any services available on the Site. This license is revocable at any time without notice and with or without cause. You agree to destroy or return to the Company all copies of the software upon revocation of your license to the software and/or termination of your account. The software is subject to all restrictions on use, disclaimers of warranties and other provisions in these Terms of Use. In the event that the software is also subject to a separate end user license agreement, the terms of such end user license agreement shall control any conflict between those terms and these Terms of Use.
CONFIDENTIALITY
During your use of the Site, you may have access to Company information, software or data that is not readily available to the public (“Confidential Information”), including any software downloaded through the Site. You agree to not to disclose any Confidential Information to any third parties unless it becomes publicly known without any action or failure to act on your part.
ACCESS AND INTERFERENCE
You agree that you will not (a) use any robot, spider or other automatic device, process or means to access the Site, (b) use any manual process to monitor or copy any of the material on this site or for any other unauthorized purpose without the prior written consent of the Company, (c) use any device, software or routine that interferes with the proper working of the Site, (d) attempt to interfere with the proper working of the Site, (e) take any action that imposes an unreasonable or disproportionately large load on the Company’s infrastructure, or (f) access, reload or “refresh” transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.
TRADEMARKS
The Company name and logos, and all related names, logos, product and service names, designs and slogans contained in the Site or any software provided or accessed in connection therewith are trademarks of the Company, its affiliates, licensors and/or contractors unless otherwise clearly specified in writing. You may not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and may be the trademarks of their respective owners.
LIABILITY OF THE COMPANY AND ITS LICENSORS
The Company does not assume any liability for the materials, information and opinions provided on, or available through, the Site (the “Site Content”). Reliance on the Site Content is solely at your own risk. The Company disclaims any liability for injury or damages resulting from the use of any Site Content.
THE SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER THE COMPANY, ITS LICENSORS OR CONTRACTORS, NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, THE CONTENT, PRODUCTS OR SERVICES. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY, ITS LICENSORS, ITS CONTRACTORS NOR ANYONE ASSOCIATED WITH THE COMPANY WARRANTS OR REPRESENTS THAT THE SITE, THE SITE CONTENT OR THE PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THIS SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY AND ITS LICENSORS AND CONTRACTORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE SITE CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. You agree that in no event shall the Company’s, its affiliates’ or their licensors and contractors’ aggregate liability to you in connection with the Site or any services hereunder (regardless of the form of action, whether in contract, tort or otherwise) exceed an amount equal to the lesser of (a) the total fees you have paid to the Company for the applicable component of the Site during the preceding six (6) months; or (b) one hundred dollars (US$100).
You acknowledge and agree that neither the Company nor its licensors or contractors operate or control the Internet and that: (i) viruses, worms, trojan horses or other undesirable data or software; or (ii) unauthorized users (e.g., hackers) may attempt to obtain access to your data, web site, computer or network. The Company uses what it believes to be reasonable efforts to protect itself and its Site users from such unauthorized use, but the Company and its licensors and contractors are not responsible for failures resulting from the acts or omissions of third parties not controlled by or under contract with the Company.
INTERACTION WITH OTHER USERS
As a condition of access to the Site, you release the Company (and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors and contractors) from claims, demand and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute you may have with any other user of the Site. The Company will have the right but not the obligation to resolve disputes between users relating to use of the Site, and to the extent that it elects to resolve such disputes, the Company will do so in good faith based on the general rules and standards of the Company and the Site. You release the Company (and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors and contractors) from claims, demand and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Company’s resolution of such disputes.
INDEMNIFICATION
You agree to indemnify and hold harmless the Company and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors, contractors and others involved in the Site or the delivery of products, services or information over the Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use or your use of the Site or any products, services or information obtained from the Site.
COMMENTS AND SUBMISSIONS
The Company welcomes your comments. All comments, suggestions or other information sent by you to the Company or its advertisers or business partners in response to solicitations on this Site will become the Company’s property and you agree that all intellectual property rights therein are transferred to the Company. If we solicit submissions through features or activities on or through the Site that require use of our copyrighted works, we grant to you a non-exclusive license to create a derivative work of such works to the extent required to make your submission and only for the purpose of making your submission. For avoidance of doubt, the Company shall own any developments by the Company or on its behalf arising out of your comments, suggestions or other submissions. To the extent the Company does not own such materials, you grant and agree to grant the Company a non-exclusive, royalty-free license to utilize, create derivative works of, distribute and sublicense such materials for any purpose in connection with the Company’s web sites, products and services. You have no expectation of any review, compensation or consideration of any type for all submissions hereunder.
You understand that any postings, or content submitted for posting, to publicly available portions of the Site, including chat areas, message boards and the like (“Public Areas”) are non-confidential for all purposes. You have no expectation of privacy related to Public Areas.
LINKS TO OTHER SITES: DEALINGS WITH OTHER MERCHANTS
The Site contains links to other web sites on the Internet. The Company is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including, without limitation, sites framed within the Site or third party advertisements, and does not make any representations regarding their quality, content, accuracy, or suitability for your viewing or use. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.
The Company is not responsible for any products or services you may elect to purchase, download or use from any third party distributor, merchant, advertiser, or other information or service provider (“Merchant”). All transactions regarding goods or services offered by Merchants, including, but not limited to, the purchase and payment terms for such goods or services, warranties, guarantees, maintenance and delivery, are solely between you and the Merchant and are governed by the terms of the agreement between you and the Merchant. The Company is not a party to any transactions between you and a Merchant, and is not liable for any direct or indirect costs or damages arising out of any dispute between you and a Merchant. NEITHER THE COMPANY, ITS LICENSORS OR CONTRACTORS, NOR ANY THIRD PARTY PROVIDER, OTHER THAN THE MERCHANT OFFERING SUCH GOODS OR SERVICES, MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE GOODS OR SERVICES OFFERED BY SUCH MERCHANT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPATIBILITY.
SUSPECTED COPYRIGHT INFRINGEMENT
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company may, in appropriate circumstances and in the Company’s sole discretion, terminate your access to this Site if it deems you to be a repeat infringer. The Company may also, in its sole discretion, limit your access to the Site and/or terminate your membership if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.
CONTACT REGARDING SUSPECTED INFRINGEMENT
Please contact our designated agent at 972-265-1900 or at copyright@kingsisle.com if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use.
BINDING ARBITRATION; CHOICE OF LAW; CLASS ACTION WAIVER
These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Texas, USA, without regard to its conflicts of law principles.
Any dispute that arises out of results from these Terms of Use, the Site or the Services which cannot be promptly resolved by the parties through informal negotiations shall be resolved through binding arbitration as set forth herein. The arbitration will be conducted by a single arbitrator in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The parties shall mutually agree upon a single arbitrator. In the event the parties are unable or fail to agree upon the arbitrator within thirty (30) days of one party initiating the arbitration, the arbitrator shall be selected by AAA. The place of arbitration shall be Dallas, Texas, USA unless the parties agree (or the arbitrator determines) that the arbitration may be conducted by phone, online, through the exchange of written submissions or some combination of the foregoing. The language of the arbitration shall be English and the arbitrator shall apply the laws of the State of Texas, USA. The parties will be entitled to engage in discovery in accordance with the AAA rules. It is the parties’ intent that the discovery proceedings be conducted in a cost-efficient manner and to resolve the arbitration within six (6) months of initiation. Each party will bear its own expenses, including attorneys’ fees and expenses, in connection with resolution of any dispute; provided that each party shall pay fifty percent (50%) of the fees and costs of engaging the arbitrator unless the arbitrator determines that the Company shall pay one hundred percent of the arbitrator fees and costs. Notwithstanding the foregoing, prior to seeking arbitration, either party may seek injunctive or other equitable relief with respect to a breach (or attempted breach) of these Terms of Use with respect to intellectual property or confidentiality.
PLEASE NOTE: The parties agree to arbitrate solely on an individual basis and that these Terms of Use do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. By agreeing to these Terms of Use, you are subject to binding arbitration and are waiving your right to sue in court and have a jury trial, as well as waiving the option to participate in a “class action” with respect to the Site or services hereunder.
MISCELLANEOUS
The owner of this Site is based in the State of Texas, USA. The Company makes no representation that materials in this Site are appropriate or available for use in other locations. If you access this Site from other locations, you are responsible for complying with local laws.
You agree to abide by U.S. and other applicable laws, including export control laws, and not to transfer, by electronic transmission or otherwise, any software or other content downloaded from the Site to a destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. By downloading any software from the Site, you warrant that you are not located in any country, or exporting such software to any person or place, to which the United States has embargoed goods. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
In the absence of taxes not shown separately, all related taxes, including but not limited to VAT, GST, PST, QST or sales and use tax, are included in the price where applicable.
These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and the Company with respect to the Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
You agree and acknowledge that your violation of any restrictions in these Terms of Use on the use of the Site, Site Content, or software or services available on or through the Site, or your use or disclosure of Confidential Information in a manner inconsistent with the provisions of these Terms of Use, may cause the Company irreparable damage for which remedies at law may be inadequate. You agree that, in the event of your unauthorized use of the Site, Site Content, software and services, or your unauthorized disclosure of Confidential Information, the Company will be entitled to injunctive relief, in addition to such other legal and equitable remedies that may be available. The Company’s licensors and contractors are express third party beneficiaries of any terms in these Terms of Use that are applicable to their products or services, including disclaimers of warranty and limitations of liability, and shall have the right to enforce directly against you all of your applicable representations, warranties, covenants, indemnifications and obligations under these Terms of Use.
If any part of these Terms of Use is unenforceable (including, without limitation, any part of the binding arbitration provision above), the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.
The terms related to protection of the Company’s intellectual property rights, disclaimer of warranties limitation of liability, choice of law and binding arbitration, indemnification obligations and any licenses granted by you to the Company shall survive any termination of your Account or these Terms of Use.
The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify these Terms of Use.
