These Terms of Service form a legally binding contract between you and GAMEGON TECHNOLOGY HOLDINGS INC. By using GAMEGON TECHNOLOGY Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this Agreement with your parent or guardian and he or she assents to these Terms of Service on your behalf and takes full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service. You agree to check this terms of service periodically for new information. GAMEGON TECHNOLOGY may modify the Terms of Service at any time. Terms for new Services are effective immediately upon posting.
1.1.Additional License Limitations
The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of the Service or the Game Client in violation of the License Limitations will be regarded as an infringement of GAMEGON TECHNOLOGY HOLDINGS INC’ s copyrights in and to the Game. You agree that you will not, under any circumstances:
1)use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software, databases or scripts designed to modify the Lord of Ages experience;
2)exploit the Game or any of its parts, including without limitation the Service, for any commercial purpose, including without limitation (a) for gathering in-game currency, items or resources for sale outside the Game; or (b) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
3)use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Game or the Service, including without limitation any software that reads areas used by the Game to store information about a character or the game environment; provided, however, that GAMEGON TECHNOLOGY HOLDINGS INC may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
4)modify or cause to be modified any files that are a part of the Game Client or the Service in any way not expressly authorized by GAMEGON TECHNOLOGY HOLDINGS INC;
5)host, provide or develop matchmaking services for the Game or the Service, or intercept, emulate or redirect the communication protocols used by GAMEGON TECHNOLOGY HOLDINGS INC in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
6)facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by GAMEGON TECHNOLOGY HOLDINGS INC; or
7)disrupt or assist in the disruption of (i) any computer used to support the Service (each a "Server"); or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME CLIENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not violate any applicable law or regulation in connection with your use of the Game Client or the Service.
8)Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble Lord of Ages, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You must be at least 13 years of age to access and use the Site. There is no exception to this requirement. GameGon does not knowingly collect any personal information from children under the age of 13. By your use of the Site, you agree that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to understand and accept this Agreement as a binding contract and to abide by all Terms.
3.1 Ownership of the site and Proprietary Material
The Site contains copyrighted material, technology, trademarks, service marks, trade secrets and other proprietary information, which may include computer code, text, data, video, images, illustrations, animations, sounds, musical compositions and recordings, audiovisual effects, color schemes, business methods and methods of operation, concepts, ideas, know-how, moral rights, and any related documentation (collectively the "Proprietary Material"). All intellectual property rights to the Proprietary Material, including patent, copyright, trademark and trade secret rights, are owned or licensed by GameGon Technology. You agree not to copy, download, reproduce, republish, upload, post, transmit, perform, display, distribute or sell, or in any other way exploit the Proprietary Material, or to participate with or to encourage others to engage in such acts, without the prior written consent of GameGon Technology. Nor may the Proprietary Material, or any portion thereof, be modified or used for any purpose other than as expressly authorized in this Agreement. The Proprietary Material may include materials licensed by GameGon Technology from third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. For example, you are expressly prohibited from using the Proprietary Material to modify content generated by you or by others for the purpose of selling or assisting others to sell the content in its modified form. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY GAMEGON Technology AND ITS LICENSORS.
GameGon owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or the GameGon games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any GameGon games, whether earned in a game or purchased from GameGon , or any other attributes associated with an Account or stored on the Service.
Orders are processed and dispensed instantly and automatically when payment is submitted. Users agree that once payment is successfully submitted, no refund will be granted and user will receive the purchased digital item.
GameGon prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by GameGon in writing. Accordingly, you may not trade, sell or attempt to sell in-game items or currency for "real" money, or exchange those items or currency for value of any kind outside of a game, without GameGon ’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
3.3 User Generated Content
The Site provides you with access to a variety of resources, materials, computer games and downloads (collectively the "Services"). The Services may enable you to create content and to make it available to GameGon and to others, and to access content made available by GameGon and other Site users. Such content may include, without limitation, video, film, music, text, communications, software, graphics, images, audio, and information. All such content made available by you or by other users of the Site is referred to in this Agreement as " User-Generated Content." As between GameGon and you, you own the copyright in any User-Generated Content that is exclusively created by you. You expressly acknowledge and agree that any User-Generated Content that you make available through the Site may be made freely available by GameGon to others, including without limitation for download by others. You further acknowledge and agree that this permission is made and granted by you in consideration of your use of the Services, and that this permission constitutes a world-wide, nonexclusive, perpetual, royalty-free, irrevocable and transferable license to GameGon to use, copy, perform, display and distribute such User Content, and to grant and authorize sublicenses of such User-Generated Content to others.
During the registration process, you may be required to select a unique username and a password (collectively referred to hereunder as "Login Information"). You may not share the Account or the Login Information with anyone other than as expressly set forth herein. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify GameGon and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account. GameGon reserves the right to remove or reclaim any usernames at any time and for any reason with or without no notice to you, including but not limited to claims by a third party that a username violates the third party’s rights.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF GAMEGON TECHNOLOGY HOLDINGS INC.
As with all things, your use of the Game and the Service is governed by certain rules. These rules (the "Code of Conduct"), maintained and enforced exclusively by GAMEGON TECHNOLOGY HOLDINGS INC, must be adhered to by all users. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and GAMEGON TECHNOLOGY HOLDINGS INC reserves the right to determine which conduct it considers to be outside the spirit of the Game and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. GAMEGON TECHNOLOGY HOLDINGS INC reserves the right to modify this Code of Conduct at any time.
1) Rules Related to Lord Names, Alliance Names and Forum Names.
Each user will select a lord name. Additionally, users may form "alliances" and such alliances will be required to choose a name for the alliance. When you choose a lord name, create an alliance, or otherwise create a label that can be seen by other players using the Game or the Service, you must abide by the following guidelines as well as the rules of common decency. If GAMEGON TECHNOLOGY HOLDINGS INC finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and corresponding chat room, and/or suspend or terminate your use of the Service. In particular, you may not use any name:
a. Belonging to another person with the intent to impersonate that person, including without limitation a "Liaison" or any other employee or agent of GAMEGON TECHNOLOGY HOLDINGS INC; b. That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable; c. Subject to the rights of any other person or entity without written authorization from that person or entity; d. That belongs to a popular culture figure, celebrity, or media personality; e. That is, contains, or is substantially similar to a trademark or service mark, whether registered or not; f. Belonging to any religious figure or deity; g. Taken from GAMEGON TECHNOLOGY HOLDINGS INC’s other products, including character names from the Lord of Ages; h. Related to drugs, sex, alcohol, or criminal activity; i. Comprised of partial or complete sentence; j. Comprised of gibberish; k. Referring to pop culture icons or personas
2) Rules Related to "Chat" and Interaction With Other Users.
Communicating in-game or through the Lord of Ages Forums with other Users and GAMEGON TECHNOLOGY HOLDINGS INC representatives, whether by text, voice or any other method, is an integral part of the Game and the Service and is referred to here as "Chat." When engaging in Chat, you may not:
a. Transmit or post any content or language which, in the sole and absolute discretion of GAMEGON TECHNOLOGY HOLDINGS INC, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above; b. Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat; c. Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and services available outside of the Lord of Ages game; d. Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without limitation continuous advertisements to sell goods or services; e. Communicate or post any user's personal information in the Game, or on websites or forums related to the Game, except that a user may communicate his or her own personal information in a private message directed to a single user; f. Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game; g. Participate in any action that, in the sole and absolute opinion of GAMEGON TECHNOLOGY HOLDINGS INC, results or may result in an authorized user of the Game being "scammed" or defrauded out of coins, items, resources, or any other items that user has earned through authorized game play in the Game; h. Impersonate any real person, including without limitation any "Liaison" or any other GAMEGON TECHNOLOGY HOLDINGS INC agent or employee, nor may you communicate in the Game in any way designed to make others believe that your message constitutes a server message or was otherwise posted by any GAMEGON TECHNOLOGY HOLDINGS INC agent or employee.
3) Rules Related to Game Play
Game play is what Lord of Ages is all about, and GAMEGON TECHNOLOGY HOLDINGS INC strictly enforces the rules that govern game play. GAMEGON TECHNOLOGY HOLDINGS INC considers most conduct to be part of the Game, and not harassment, so player-killing the enemies of your alliance is considered a part of the Game. Because the Game is a "player vs. player" game, you should always remember to protect yourself in areas where others can attack you, rather than contacting GAMEGON TECHNOLOGY HOLDINGS INC’s in-game customer service representatives for help when you have been killed by another player. Nonetheless, certain acts go beyond what is "fair" and are considered serious violations of these Terms of Service. Those acts include, but are not necessarily limited to, the following:
a. Using or exploiting errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players; b. Conduct prohibited in these Terms of Service; and c. Anything that GAMEGON TECHNOLOGY HOLDINGS INC considers contrary to the "essence" of the Game.
This Agreement is effective until terminated. You may terminate this Agreement by terminating the Account and not accessing the Game Client. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination of this Agreement. GAMEGON TECHNOLOGY HOLDINGS INC may terminate this Agreement with or without notice by terminating the Account.
THE GAME AND THE SERVICE ARE PROVIDED "AS IS" AND GAMEGON TECHNOLOGY HOLDINGS INC DOES NOT WARRANT THAT THE GAME OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GAMEGON TECHNOLOGY HOLDINGS INC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, GAMEGON , INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SAME. YOU UNDERSTAND AND AGREE THAT GAMEGON CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY LOSS OF YOUR USER GENERATED CONTENT OR ANY INTERRUPTIONS OF SERVICE, INCLUDING BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR A DISRUPTION OF SERVICE.
GAMEGON TECHNOLOGY HOLDINGS INC shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of GAMEGON TECHNOLOGY HOLDINGS INC, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond GAMEGON TECHNOLOGY HOLDINGS INC's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
You hereby acknowledge and agree that:
1) WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH LORD OF AGES. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE GAME, WOULD CONSTITUTE A VIOLATION. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, GAMEGON TECHNOLOGY HOLDINGS INC MAY (a) COMMUNICATE INFORMATION BACK TO GAMEGON TECHNOLOGY HOLDINGS INC, INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. 2) WHEN THE GAME IS RUNNING, GAMEGON TECHNOLOGY HOLDINGS INC MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS (ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT. 3) GAMEGON TECHNOLOGY HOLDINGS INC may, with or without notice to you, disclose your Internet Protocol (IP) address (es), personal information, Chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if GAMEGON TECHNOLOGY HOLDINGS INC believes that doing so may protect your safety or the safety of others. 4) GAMEGON TECHNOLOGY HOLDINGS INC MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that GAMEGON TECHNOLOGY HOLDINGS INC is under no obligation to monitor Chat, and you engage in Chat at your own risk. 5) You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.
You acknowledge and agree that money damages would not be a sufficient remedy for any breach or threatened breach of this Agreement by you. GameGon shall be entitled to seek equitable relief, including a preliminary and final injunction and specific performance, as a remedy for any such breach. Such remedies shall not be the exclusive remedies for a breach by you, but shall be in addition to all other remedies available to GameGon at law or in equity.
14.1 Informal Negotiation
If a dispute arises between you and GAMEGON, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and GAMEGON TECHNOLOGY HOLDINGS INC agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. GAMEGON TECHNOLOGY HOLDINGS INC will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to GAMEGON TECHNOLOGY HOLDINGS INC, firstname.lastname@example.org ATTN: Legal Department.
14.2 Binding Arbitration.
If you and GAMEGON TECHNOLOGY HOLDINGS INC are unable to resolve a Dispute through informal negotiations, either you or GAMEGON TECHNOLOGY HOLDINGS INC may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association and, where appropriate, the American Arbitration Association’s Supplementary Procedures for Consumer Related Disputes ("American Arbitration Association Consumer Rules"), both of which are available that the American Arbitration Association website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the American Arbitration Association Rules and, where appropriate, limited by the American Arbitration Association Consumer Rules. If such costs are determined by the arbitrator to be excessive, GAMEGON TECHNOLOGY HOLDINGS INC will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and GAMEGON TECHNOLOGY HOLDINGS INC may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
You and GAMEGON TECHNOLOGY HOLDINGS INC agree that any arbitration shall be limited to the Dispute between GAMEGON TECHNOLOGY HOLDINGS INC and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
14.4 Exceptions to Informal Negotiations and Arbitration.
You and GAMEGON TECHNOLOGY HOLDINGS INC agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or GAMEGON TECHNOLOGY HOLDINGS INC’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of New York, State of New York, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of New York, State of New York, United States of America, and you and GAMEGON TECHNOLOGY HOLDINGS INC agree to submit to the personal jurisdiction of that court.
14.6 Governing Law.
Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of Delaware, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who access the Service from Canada, Chile, Mexico, Argentina, Australia, Singapore, Thailand, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ("Act") may apply to the Game and/or the Service as supplied by GAMEGON TECHNOLOGY HOLDINGS INC to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Australia, Singapore, or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.
Should you have any questions or concerns regarding these Terms of Service, please contact us by emailing us at email@example.com.