Effective Date: November 1, 2014
ALL REFERENCES TO “US,” “OUR,” OR “WE” WILL BE DEEMED TO INCLUDE EOR AND THE GAME SITES.
THE GAME HAS ELEMENTS OF CONTENT THAT SOME MAY REGARD AS EXCESSIVELY VIOLENT, VULGAR, DISTASTEFUL, EXPLICIT, SEXUALLY PROVOCATIVE, LEWD, CRUDE, HATEFUL, TAUNTING, HARASSING, THREATENING, AND OTHERWISE OF QUESTIONABLE TASTE. IF YOU OBJECT TO OR ARE SENSITIVE TO SUCH CONTENT, AND DO NOT WANT TO BE EXPOSED TO IT, DO NOT PROCEED.
THE GAME MAY BE DOWNLOADED OR AUGMENTED FROM ONE OR MORE THIRD PARTY DISTRIBUTORS AND/OR THEIR SITES. SITES FROM WHICH THE GAME MAY BE DOWNLOADED OR AUGMENTED NOW OR IN THE FUTURE MAY BE REFERRED TO HEREINAFTER AS THE “DOWNLOAD SITES”). IN ADDITION, ELEMENTS OF THE GAME MAY BE AVAILABLE ON OR THROUGH OTHER LOCATIONS THAT MAY INCLUDE, BUT NOT BE LIMITED TO, FACEBOOK AND TWITTER (“SOCIAL SITES”). THE GAME SITES, THE DOWNLOAD SITES, AND THE SOCIAL SITES MAY, JOINTLY AND SEVERALLY, BE REFERRED TO HEREINAFTER AS THE “GAME WORLD SITES.”
REVIEW THESE TERMS CAREFULLY. THESE TERMS INFORM AND GOVERN YOUR USE OF THE GAME, THE GAME WORLD SITES, AND ALL PRODUCTS (REAL AND/OR VIRTUAL) AND/OR SERVICES OFFERED THROUGH THE GAME AND/OR ANY OF THE GAME WORLD SITES.
Updates to Terms. EOR reserves the right to update or change these Terms at any time by posting the most current version of the Terms on one or more Game Sites with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date of the most recent Update. Your continued use of the Game and/or the Game World Sites (in connection with the Game) after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these updated or changed Terms, you must discontinue using the Game and the Game World Sites (in connection with the Game). Note that special terms or rules may apply to some features and/or services offered in the Game or on the Game World Sites, such as rules for particular promotions, applications, or other features or activities. Any such terms are in addition to these Terms, and in the event of a conflict, prevail over these Terms.
Electronic Form/Communications. By loading, playing, or otherwise accessing the Game and/or any Game World Site (in connection with the Game), you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We will communicate with you by email or by posting notices on one or more Games Sites. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
USE OF THE GAME
The information will be used by EOR for a variety of internal purposes, including without limitation, to maintain your Account, to provide that your Account is unique, to deal with security, debugging and technical support issues, and for possible payment-related issues. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, EOR may terminate this Agreement, your Account, and/or your access to and/or use of the Game and/or Game-related locations or content on the Game World Sites. Please note that in utilizing certain areas of the Game World Sites (e.g. purchasing merchandise) or the Game (e.g. purchasing assets), you will be requested to provide additional information in order to complete a purchase, such as your name, address and credit card information. This information is provided solely to a third party payment provider, and none of this information is collected or stored by EOR.
Upon registration for your Account, you will be asked to choose a password and a user/account name. You may not use a user/account name that is considered by EOR to be vulgar or otherwise offensive, infringes any trademark or other proprietary rights of others, is already in use, or is used in any way that violates the Terms. You will only create one unique profile. EOR reserves the right to deny, in its sole discretion, any user access to the Game and the Game World Sites (in connection with the Game) without notice, for any or no reason.
Security of Username and Password. You are entirely responsible for maintaining the confidentiality of your password and Account. Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to notify EOR immediately of any unauthorized use or theft of your Account or any other breach of security (and to provide properly documented evidence as reasonably requested by EOR). We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. However, you will be liable for losses incurred by EOR or another party due to someone else using your Account or password. You may not use anyone else’s Account at any time.
Termination. EOR can suspend or terminate your access to the Game and/or the Game World Sites (in connection with the Game), in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
USE OF THE GAME AND THE GAME WORLD SITES
Personal Use. The Game and the Game World Sites are intended for your personal, noncommercial, entertainment use in accordance with these Terms. You agree that you will not, unless specifically authorized in writing by EOR (i) copy, display or distribute any part of the Game and/or the Game World Sites (accessed or maintained in connection with the Game) in any medium, without EOR’s prior written consent, or (ii) alter or modify any part of the Game and/or the Game World Sites (accessed or maintained in connection with the Game) other than as may be reasonably necessary for you to use the Game and/or the Game World Sites, and then only for their intended purpose(s). You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available in the Game or on the Game World Sites, or to manipulate the Game and/or the Game World Sites in any manner not consistent with its or their intended purpose(s). You will take no action to interfere with, interrupt, destroy or limit the functionality of the Game and/or the Game World Sites, or any computer software or hardware or telecommunications equipment. You will not use the Game and/or the Game World Sites in any manner that could damage, disable, overburden, or impair any EOR server, or the network(s) connected to any EOR server, or interfere with any other person’s use and enjoyment of the Game and/or the Game World Sites. You will not attempt to gain unauthorized access to the Game and/or the Game World Sites, other accounts, computer systems or networks connected to any EOR server or to the Game or Game World Sites, through hacking, cracking, distribution of counterfeit software, password mining or any other means. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Game and/or the Game World Sites (accessed or maintained in connection with the Game). You will not reverse engineer, decompile or disassemble any software accessed through the Game and/or the Game World Sites, including any proprietary communications protocol used by EOR. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Game or locations on Game World Sites (maintained and/or operated in connection with the Game) so long as the link does not portray EOR, the Game, or any of the Game World Sites in a false, misleading, derogatory, or otherwise offensive manner or express or imply any endorsement by EOR of the site from which you are linking. Further, the site from which you are linking to the Game and/or Game World Site location(s) must not contain any obscene, defamatory, pornographic, offensive, lewd, infringing, or illegal content.
When you are playing or otherwise using the Game, your play and/or your computer may be monitored to learn about your game-play behavior, player stats, purchasing, and for any other purpose. Your computer’s random access memory (RAM) may also be monitored for unauthorized third party programs that interact with the Game and/or the Game World Sites. In the event any such third party program is detected, information may be communicated back to EOR, including the name of your Account, your internet protocol (IP) address, details about the third party program detected, the nature of your in-Game behavior, and the time and date that the third party program was detected, along with the hardware specs and performance characteristics of your computer, with or without additional notice to you. If the use of such an unauthorized third party program is detected, your access to the Game may be terminated with or without additional notice to you.
When using the Game and/or a Game World Site, you may accumulate in-Game virtual assets, including, without limitation, weapons, objects, artifacts, currency, misc. items, equipment, and/or other value or status indicators (“Inventory”). All Inventory exists on servers only as data. You acknowledge and agree that such Inventory is accumulated as part of your Aand therefore you shall have no ownership or other property interest in any Inventory. You further acknowledge and agree that EOR has the right, but not the obligation, to delete, alter, move, remove, or transfer any and all Inventory, in whole or in part, at any time and for any reason (or for no reason), with or without notice to you, and with no liability of any kind to you. EOR does not provide or guarantee, and expressly disclaims any value, cash or otherwise, real or virtual, attributed to any data residing on servers operated by EOR, including without limitation the Inventory associated with your Account.
If you have a valid, active Account, you may participate in our virtual currency system, which is a redeemable point system used to obtain access to certain Inventory that can be used while playing the Game. EOR virtual currency may be offered at the sole discretion of EOR through the on-line in-Game store located on one or more Game Sites or other Sites as determined by EOR. Virtual currency might also be provided to you by EOR as part of a promotion, or through other means, such as completing certain quests or achievements in the Game, or through EOR– or Game-sponsored contests or sweepstakes. You agree that you will be solely responsible for paying any applicable taxes related to the acquisition of, use of or access to virtual currency. Virtual currency is sold or issued in bundles and the price may vary depending on the amount you purchase and where you are purchasing. As EOR feels necessary, in its sole and absolute discretion, EOR may limit the total amount of virtual currency that may be purchased at any one time, and/or limit the total virtual currency that may be held in your Account in the aggregate. Additionally, price and availability of virtual currency and/or Inventory are subject to change without notice.
You are solely responsible for verifying that the proper amount of virtual currency has been added to or deducted from your Account during any given transaction, so please notify EOR immediately should you believe that a mistake has been made with respect to your virtual currency balance. EOR will investigate your claim, and in doing so, may request some additional information and/or documentation to verify your claim. EOR will let you know the results of the investigation; however you acknowledge and agree that EOR has sole and absolute discretion in determining whether or not your claim is valid, and if so, the appropriate remedy.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE VIRTUAL CURRENCY SYSTEM AND THE INVENTORY YOU ACQUIRE HAVE NO MONETARY VALUE AND EXCEPT AS EXPRESSLY REQUIRED BY LAW CANNOT BE REDEEMED FOR CASH. ALL SALES AND PURCHASES ARE FINAL. REQUESTS FOR REFUNDS IN THE FORM OF IN-GAME CREDIT WILL BE CONSIDERED ON A CASE BY CASE BASIS; HOWEVER, IT IS THE GENERAL POLICY OF EOR THAT ALL SALES ARE FINAL AND NO REFUNDS WILL BE MADE, BOTH FOR THE PURCHASE OF VIRTUAL CURRENCY AND/OR FOR INVENTORY OBTAINED USING VIRTUAL CURRENCY.
Some Inventory you obtain may have expiration dates while others do not, and each item of Inventory you obtain using virtual currency will be included in your Account until the earlier of that item of Inventory’s expiration date, or your Account’s expiration or termination date, or such date when EOR ceases to offer or support the Game.
The sale or transfer of items of Inventory or virtual currency between users may only be conducted via services approved of and provided by EOR, if any, and EOR may terminate any Account that acts in contravention of this prohibition.
NOT WITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN OR TO YOUR 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 EOR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CLAIM, RIGHT, TITLE, OWNERSHIP OR OTHER PROPRIETARY INTEREST IN THE GAME, ANY OF THE GAME WORLD SITES, VIRTUAL CURRENCY, OR INVENTORY THAT YOU ACQUIRE, REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR ANY OF THE FOREGOING. FURTHERMORE, NEITHER EOR NOR ANY OF THE GAME WORLD SITES WILL BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, “HACKING,” OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO THE GAME, THE GAME WORLD SITES, VIRTUAL CURRENCY, OR INVENTORY, INCLUDING, BUT NOT LIMITED TO, THE DELETION OR LOSS OF VIRTUAL CURRENCY AND/OR INVENTORY UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT, OR DISCONTINUATION OF THE GAME.
User Content. The Game may contain the ability to create, modify, design, embellish, or otherwise alter objects or other elements in the Game (“Asset Variations”). You agree to use Asset Variations only to customize your own playing experience within the Game. The Game may also contain the ability to send messages and other communications to other players or to post messages to public forums (the “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the Game (Asset Variations and Communication Services are, jointly and severally, “User Content”).
Removal. EOR has no obligation to monitor the User Content. However, EOR reserves the right to review and remove any User Content at any time, without notice, for any reason and in its sole discretion. EOR specifically disclaims any liability with regard to the User Content. If you encounter something you find objectionable and in violation of these Terms, you can report it to email@example.com.
License and Warranties. By submitting User Content to the Game and/or the Game World Sites, you grant to EOR, and its successors in business and assigns, employees, licensees, agents, representatives, publishers, distributors, and other authorized users of the Game, the Game World Sites, Asset Variations, and Communication Services, a perpetual, irrevocable, worldwide, exclusive royalty-free license to reproduce, distribute, perform, modify, edit, display, adapt, create derivative works from, and market and promote the User Content, for any commercial or non-commercial purposes, and in any medium now existing or hereinafter developed, and to use your user name and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the Game and the Game World Sites a non-exclusive license to access your User Content as permitted through the functionality of the Game and the Game World Sites (as applicable) and under these Terms. To the greatest extent permitted by applicable laws, you hereby waive any moral rights and rental rights you may have in the User Content you submit.
No Confidentiality. You acknowledge and agree that your communications via the Game, Communication Services (whether or not part of the Game), and/or the Game World Sites are public and not private communications and EOR is not responsible for information that you choose to communicate to other users, or for the actions of other users. All User Content must comply with User Requirements as follows.
User Requirements. You agree that you will not:
- Use your Account, any other account, the Game, Communication Services, and/or the Game World Sites in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Publish, post, upload, transmit, distribute or disseminate content that EOR determines in its sole discretion is beyond the acceptable level of content EOR has set for the Game – such as, for example, and not in limitation, content that is illegal, harmful, abusive, threatening, vulgar, crude, distasteful, sexually explicit or suggestive, political, defamatory, obscene, embarrassing, unwanted, rude, hateful or racially, ethnically, sexually, or, in a reasonable person’s view, otherwise offensive or objectionable, or encourage others to do so.
- Use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other personal or proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity, unless you have first received permission from the owner of those rights, in writing, to use the materials in this manner.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Game and/or the Game World Sites or other users’ computers.
- Except as expressly authorized by EOR, advertise or offer to sell or buy any goods or services for any purpose, unless the Game and/or the Game World Sites specifically allow such messages.
- Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Impersonate or create a false identity (such as a celebrity or EOR representative) for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users or other user or usage information or any portion thereof.
- Improperly use support or complaint buttons or make false reports to EOR administrators.
- Use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
- Use a bulletin board or other Communications Service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
- Use the Game and/or the Game World Sites for fraudulent transactions.
- Sell, buy, or transfer access to your Account.
- Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage.
- Maintain more than one account.
All material published in the Game and/or on the Game World Sites (in connection with the Game), including, but not limited to text, photographs, video, graphics, music, images, animations, audio, text, “applets” incorporated into the software data, sounds, messages, comments, ratings, and other materials in the Game and/or on the Game World Sites (together “Content”) is owned by EOR or its licensors and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. EOR owns a copyright or is a licensee in the selection, coordination, arrangement and enhancement of such content and one or more copyrights in and to the Game and/or those aspects of the Game World Sites that interface with or are operated in connection with the Game. All trademarks, service marks, trade names, and trade dress appearing in the Game and/or the Game World Sites (in connection with the Game) (“Marks”) are proprietary to EOR and/or its licensors or licensees. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, the Game and those aspects of the Game World Sites that interface with or are operated in connection with the Game, in whole or in part, without EOR’s prior written consent. You may download Content for your personal, non-commercial entertainment use only as provided in these Terms, or as may be otherwise permitted by EOR from time to time, provided that you do not alter any such Content, you keep intact all copyright and other proprietary notices, and you do not use the Content in any way that would express or imply an association between you and the products and services of EOR or any third party. You acknowledge that you do not acquire any ownership rights in any Content downloaded from the Game and/or the Game World Sites. Copying or storing of Content for other than non-commercial personal entertainment use in connection with the Game is expressly prohibited without prior written permission from EOR or the owner of the Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EOR without express written consent of EOR. You may not use any Meta tags or any other “hidden text” utilizing EOR’s name or trademarks without the express written consent of EOR. You may not use any EOR logo or other proprietary graphic or trademark as part of the link without express written permission. Any use(s) not permitted by these Term automatically terminates all permissions or licenses granted by EOR in these Terms.
No Other License Granted. Except for allowing you to use the Game and the Game World Sites for your personal non-commercial use for entertainment purposes only, as set forth in the paragraph above, when you use the Game and/or the Game World Sites, you are not receiving a license or any other rights from EOR, including intellectual property or other personal or proprietary rights of EOR. You understand that you have no rights to the Game and the Game World Sites or any other EOR property except as EOR indicates in these Terms.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
EOR has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. EOR has adopted and implemented a policy for addressing claims of copyright infringement, and for the termination, in appropriate circumstances as determined by EOR in its sole discretion, of users who are infringers of copyrights. Further we reserve the right to remove any User Content which allegedly infringes another person’s copyright. We are under no obligation to, and do not, scan content posted for any violations of third party rights; however, we respect the copyright interests of others and it is our policy not to permit materials known or believed by us to infringe another party’s copyright to remain in the Game or on the Game World Sites. If you believe any materials found in the Game and/or on the Game World Sites (in connection with the Game) infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 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
- 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.
All DMCA notices should be sent to our designated agent as follows:
Our designated agent is:
Edge of Reality
6500 River Place Blvd, Suite 5-300
Austin, TX 78730 USA
Age Requirements. Loadout is rated “M” by the ESRB, and PEGI18 by PEGI rating service.
You must be at least seventeen years old to participate in this Game.
THE GAME WORLD SITES AND THE GAME ARE NOT DIRECTED AT CHILDREN UNDER 13 YEARS OF AGE, NOR DOES EOR KNOWINGLY COLLECT INFORMATION FROM CHILDREN UNDER 13. IF YOU ARE UNDER 13, YOU ARE NOT AURTHORIZED TO PARTICIPATE IN THE GAME OR CREATE AN ACCOUNT. IF YOU ARE UNDER THE AGE OF 13, PLEASE DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO EOR.
Links. You may be able to access other websites or resources through links in the Game and/or on the Game World Sites. Because EOR has no control over any third party sites and resources (including but not limited to Game World Sites other than Game Sites), you acknowledge and agree EOR is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials available from such sites or resources nor does EOR endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that EOR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such third party sites or resource(s).
Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE GAME, THE GAME WORLD SITES, ASSET VARIATIONS, AND/OR COMMUNICATION SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING THE GAME AND/OR THE GAME WORLD SITES AND/OR RECEIVING OR ORIGINATING COMMUNICATION SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE GAME AND/OR THE GAME WORLD SITES ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AND WHEN AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT EOR MAKES NO WARRANTY THAT THE GAME AND/OR THE GAME WORLD SITES AND/OR ASSET VARIATIONS AND/OR COMMUNICATION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE, OR ERROR-FREE. YOU UNDERSTAND THAT EOR DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE GAME AND/OR THE GAME WORLD SITES AND/OR ASSET VARIATIONS AND/OR COMMUNICATION SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER(S) SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT AND/OR MATERIALS CONTAINED IN THE GAME AND/OR THE GAME WORLD SITES, AND/OR ASSET VARIATIONS AND/OR COMMUNICATION SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE GAME AND/OR THE GAME WORLD SITES AND/OR ASSET VARIATIONS AND/OR COMMUNICATION SERVICES, AS APPLICABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, EOR DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, CONTINUOUS AND/OR ERROR-FREE OPERATION, AND NON-INFRINGEMENT OF PERSONAL AND/OR PROPRIETARY RIGHTS) AS TO THE GAME AND/OR THE GAME WORLD SITES AND/OR ASSET VARIATIONS AND/OR COMMUNICATION SERVICES.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EOR OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR
DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND/OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE GAME AND/OR THE GAME WORLD SITES AND/OR ASSET VARIATIONS AND/OR COMMUNICATION SERVICES, EVEN IF EOR HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH CLAIMS OF DAMAGES MAY HAVE BEEN SUSTAINED ANYWHERE IN THE WORLD IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE UNDER ANY THEORY OR CAUSE OF ACTION. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL EOR, ITS LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND ITS OR THEIR REASONABLE CONTROL. EOR MAY CHANGE OR DELETE CONTENT OR FEATURES IN THE GAME AND/OR THE GAME WORLD SITES (IN CONNECTION WITH THE GAME) IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN EOR’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED ONE UNITED STATES DOLLAR (USD $1). THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS ARE A MATERIAL AND ESSENTIAL PART OF THE AGREEMENT BETWEEN THE PARTIES, WITHOUT WHICH EOR WOULD NOT HAVE ENTERED INTO THIS AGREEMENT, AND WILL APPLY AND BE FULLY ENFORCABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity/Release. You understand that you are personally responsible for your behavior while playing the Game and/or while you are on Game World Sites and/or while you are engaging in Communication Services and/or Asset Variations and agree to indemnify and hold EOR, operators of the Game World Sites, and its and their affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that the Indemnified Parties may incur in connection with any claim(s) or threatened claim(s) arising out of or related to your use of the Game and/or the Game World Sites and/or Asset Variations and/or Communication Services or your violation of these Terms, applicable law, or the rights of any third party.
If you are a California resident, or a resident of a jurisdiction having a similar requirement, in connection with the foregoing release, you have been advised of, and hereby waive, California Civil Code Section 1542 (and/or any similar provision in any other jurisdiction, as applicable) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Access to Services. EOR reserves the right to perform system upgrades, regular or planned or unplanned maintenance to one or more Game Sites, the Game and/or the Game World Sites and/or Asset Variations and/or Communication Services due, for example, and not in limitation, to technology improvements or bugs, and you may or may not be notified of these changes before they occur. EOR also reserves the right to change, modify, discontinue, suspend or abandon the Game and/or one or more Game Sites, and/or the Game World Sites (in connection with the Game) at any time for any reason or for no reason with or without notice to you, and it will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this Agreement is terminated for any reason, the provisions in Sections entitled PROPRIETARY RIGHTS, DIGITAL MILLENNIUM COPYRIGHT NOTICE, GENERAL, and LEGAL NOTICES shall survive any such termination.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Governing Law/Disputes. In the event a claim is brought against EOR, these Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any such dispute (“Dispute”) shall lie exclusively in the state or federal courts located in Travis County, Texas. Any such claimant hereby waives any right he or she might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action a claimant so situated may have with respect to EOR, the Game, one or more Game Sites, and/or the Game World Sites and/or Asset Variations and/or Communication Services must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred. Any cause of action with respect to EOR, the Game and/or one or more Game Sites and/or the Game World Sites and/or Asset Variations and/or Communication Services must be brought as a bench trial before a judge, and claimant hereby irrevocably waives his or her right to trial by jury.
Miscellaneous. These Terms and the policies incorporated herein, are the entire agreement between you and EOR. They supersede any and all prior or contemporaneous agreements between you and EOR relating to your use of the Game, one or more Game Sites, and/or the Game World Sites. EOR may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of EOR to partially or fully exercise any rights or the waiver of EOR of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by EOR or be deemed a waiver by EOR of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of EOR under these Terms and any other applicable agreement between you and EOR shall be cumulative, and the exercise of any such right or remedy shall not limit EOR’s right to exercise any other right or remedy.
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