tylerdaneswart 4-13-2012 12:39 AM
END USER AGREEMENT
THIS END USER AGREEMENT ("AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS ON WHICH WE GRANT YOU ACCESS AS AN END USER ON IGG ONLINE GAMES ("IGG GAMES" OR THE "GAMES"). BY ENTERING, USING, PLAYING OR OTHERWISE ACCESSING OUR IGG GAMES, YOU AGREE TO THESE TERMS AND CONDITIONS (AS MAY BE AMENDED OR REVISED FROM TIME TO TIME). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. BY CLICKING ON THE "I AGREE" BUTTON, YOU ACCEPT AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS; IN WHICH EVENT, YOU WILL BE GRANTED ACCESS TO PLAY IGG GAMES. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE CLICK ON THE "I DO NOT AGREE" BUTTON OR PROMPTLY EXIT THIS PAGE.
1. TERMS OF AGREEMENT
(b) Amendments. We may amend, update, modify or correct this Agreement, or the Rules of Conduct at any time in our sole discretion without any obligation to inform the User of the amendment or changes by posting the amended Agreement or Rules of Conduct (as the case may be) at the Web Site. Amendments or changes to the Agreement will be effective immediately after the amended Agreement is posted. Modifications to the Rules of Conduct will be effective immediately upon posting. Your use of IGG Games after the effective date of any amendments to this Agreement or Rules of Conduct constitutes your agreement to the amendments. You agree to check this Agreement and the Rules of Conduct periodically so you will be familiar with their content as amended or modified from time to time.
2. DESCRIPTION OF SERVICE
We offer IGG Games entertainment as online fantasy role-playing games entertainment services (the "Services") accessible through the Internet at "http://www.IGG.com" (the "Web Site"). We reserve the right to change the URL address of the Web Site at any time and from time to time without prior notice. To use the Services, you will need to install software, which we make available from the Web Site (the "Software"). Anyone desiring to use the Services is required to establish an account with us(the "Account"). We do not provide Internet access, and you are responsible for all fees and costs associated with your Internet connection. The Web Site located at [url]http://www.IGG.com[/url] is an active part of the Services and any use of the Web Site is governed by the same Terms of Agreement and Rules of Conduct.
3. LICENSE TO USE
Subject to the terms of this Agreement, we grant to you a non-exclusive license to use the Services, and a non-exclusive license to use the Software in connection with the Services. You may not sublicense, rent, lease, loan or otherwise transfer the Software for profit, modify, adapt, reverse engineer or recompile the Software, or create any derivative works in respect of the Software or the Services, or otherwise use the Software except as expressly provided in this Agreement.
(a) Eligibility. Accounts are available only to adult individuals eighteen (18) years of age or older. If you are less than 18 years of age and wish to use the Services, your parent(s) or guardian(s) must complete the registration process, open an Account in their name(s), and accept full responsibility for all obligations under this Agreement. Those who have completed these steps and who maintain their Account in good standing are sometimes referred to in this Agreement as "Member(s)", "User(s), or "Player(s)". By clicking the "I Agree" button you represent that you are an adult 18 years of age or older. Only one person may use an Account. The registered User of an Account may use the Account or may choose instead to permit a minor child of the registered User to use the Account. You are liable for all activities conducted through your Account, and parents or guardians are liable for all activities of their minor child conducted through the Account.
(b) Account ID. At the time your Account is opened, you must choose a name to identify yourself to our staff (your "Account ID"). You may not select as your Account ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of ours, or which we deem in our sole discretion to be vulgar or otherwise offensive. We reserve the right to delete, or to change, any vulgar or otherwise offensive Account ID. You have sole liability for all activities conducted through your Account or under your Account ID.
(c) Account. By agreeing to the User Agreement you agree that you do not own the Account you use to access the Services, the characters we store on our servers, the Free Game Resource or Premium Game Resource in the Account, or any other intellectual property or data which the IGG Games, Software, servers and accounts are comprised of. The Account, characters, the Free Game Resource and Premium Game Resource, and any other intellectual property and data which the IGG Games, Software, servers and accounts are comprised of, are properties of us or our licensors.
(d) Character Name. In order to use the Services, you must create a character in anyone of the Games and choose a name for your character to identify your character to other Members (your "Character Name"). You may not select as your Character Name the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of ours, or which we deem in our sole discretion to be vulgar or otherwise offensive. We reserve the right to delete, or alter any vulgar or otherwise offensive Character Name. Only ASCII characters are allowed for any character names in the Games. No Unicode is allowed.
(e)Pledge Names, Pledge Titles, House Signs, Individual Titles, NPC (Non-Player Character) Names. While accessing the Services, it is possible to name your pledge, grant titles to individual members, grant a title to your own character, name NPCs, or name a guild. You may not give a name to a pledge, another character, grant your own character a title, or name an NPC that is the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of ours, or which we deem in our sole discretion to be vulgar or otherwise offensive. We reserve the right to delete, change, or require you to change, any vulgar or otherwise offensive Name. Only ASCII characters are allowed for any names in the Games. No Unicode is allowed.
(f) Passwords. At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account and Account ID. At no time should you respond to an online request for a password. We will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process, or when you are requesting us to perform certain service that requires your password authentication, in which case you will only send your password to our designated email address or our website.
(g) Registration Obligations. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form ("Registration Data"), and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Service.
(h) Former Members. Members whose Accounts have been terminated by us may not access the Service in any manner or for any reason, including through any other Account, without our express written permission.
(i) Related Accounts. If we terminate an Account, we may terminate any other Accounts that share the same member name, phone number, email address, postal address, Internet Protocol address, or credit card number with the terminated Account.
(j) Multiple Accounts. Currently, each Player, User, or Member is permitted to register more than one account. However, we reserve the right to limit the number of Accounts each Player may register.
(k) Right To Monitor and Remove Unacceptable Contents. We have the right, but not the duty, to review and monitor all content submitted for or included on the Services, and in our sole discretion to remove any content that we find objectionable for any reason, without any prior notice to the Member.
5. SERVICE FEE
You do not need to pay any service fee to play unless you want to pay the Admission Fee for permission to play the premium game resource, where you will be given access to game points and/or game currency and/or game items etc. (“Premium Game Resource”). However, we are not responsible for any other fees or costs you paid or may have to pay in order to play the Games, including, but not limited to, fees to access the internet; fees charged by a location such as a cyber cafe, arcade, or other location; or costs of computer hardware or software.
(a) Promotion Program
For the Games hosted on IGG platform for playing, we may as a gesture of goodwill and at our sole discretion, in the light of our budgeted operation costs, allow you to play the free game resource which shall refer to the basic game items and other items as we may decide from time to time in our sole discretion (“Free Game Resource”). This promotion program is conducted by us at no charge and you agree and acknowledge that we are under no obligation to allow you access to the Free Game Resource and we may terminate this promotion program and/or any and all IGG Games or your access thereto (subject to Clause 5(c)(ii)) at any time in our sole discretion, without any liability to you whatsoever.
(b) Pay the Admission Fee for permission to play the Premium Game Resource
The payment of the Admission Fee shall be on the terms as set out in this Agreement, in particular, Clause 5(c)(i) and Clause 5(d) and not on a pre-paid advance basis. In consideration of your payment of the Admission Fee, we shall offer to you access to such Premium Game Resource as we may stipulate on the Web Site, from time to time. You may first be given an IGG Points Card (the “Points Card”) that represents a certain amount of IGG Points which can be exchanged to other Premium Game Resource, such as Game Points, Game Currency, or Game Items in IGG Games. If you choose to pay by using Credit Cards, PayPal, Google Checkout, or Western Union and such other payment channels as we may choose to provide from time to time, your payment will be processed by the relevant merchant service provider.
If you select to play a Game Resource, you agree that you have understood how the Game Resource is used in the Games and are fully responsible for all the consequences related to the use or transfer of such Game Resource. You agree that any out-of-game transfer of Game Resource is not permitted. You also agree that the Game Resource you access are properties of ours and what you obtain is merely the permission to access such Game Resource [in the Games] in accordance with this Agreement and the Rules of Conduct. We also reserve the right to not grant access of the Premium Game Resource to certain Players.
(c) Payment Term
Cash On Delivery
Upon receiving your payment of the Admission Fee, we are obliged to display IGG Games, and make delivery of the Premium Game Resource on a “Cash-On-Delivery” basis, and Not on when-and-if-available basis (without prejudice to Clauses 11, 12 and 13). In this regard, the delivery of the Premium Game Resource has occurred when you first have taken possession of the IGG Points Cards or any other Premium Game Resource (i.e. when this is first delivered to your Account) upon your payment of the Admission Fee, as we would grant you permission to play such Premium Game Resource from, and accordingly the Restricted Game Life (as defined below) commences from, your payment of the Admission Fee (subject to processing time). You are encouraged to play the Premium Game Resource promptly and we shall not be liable to you in any manner (whether for the refund of the Admission Fee or otherwise) if you do not play the Premium Game Resource by the expiry of the Restricted Game Life (unless, and to such extent that, such failure to use is due to a breach by us of this Agreement).
“Restricted Game Life” refers to the validity period of the Premium Game Resource pursuant to your payment of the Admission Fee, i.e. the period during which we have any obligations to you in relation to Premium Game Resource and during which you are permitted to play the Premium Game Resource. The Restricted Game Life is a period of one (1) month commencing from the date of your payment of the Admission Fee. Upon the expiry of the Restricted Game Life, we no longer have any obligation to you and you shall have no rights to access the Premium Game Resource. Please also see the concessionary period for IGG Games as stated in Clause 5(c)(ii) below.
(ii) One (1) month Concessionary period to continue displaying game
In this regard, you agree that we are only obliged to continue displaying IGG Games for one (1) month from the date of your payment of the Admission Fee, which you agree is a reasonable validity period. Thereafter, you agree and acknowledge that we may terminate any and all IGG Games or your access thereto at any time in our sole discretion, without any liability to you whatsoever.
(iii) Discharge of obligation
You understand and agree that the performance by us of the various stages of the transactions as contemplated in this Agreement are completed and executed and all our obligations are discharged and extinguished upon the expiration of the one (1) month concessionary period.
Thus, in substance, economic reality, and substantive law, you have no further rights to demand to play and we have no further obligation to display any IGG Games for playing, upon the expiration of the one (1) month concessionary period.
(d) Return Policy. Admission fee paid for permission to access the Premium Game Resource (including IGG Points Card) on [url]http://www.IGG.com[/url] and all its related sub-domains, through the merchant service provider, require acceptance of End User Agreements of such merchant service provider prior to their use. The act of downloading, viewing, or using electronic purchases constitutes acceptance of these agreements. Upon the payment of the Admission Fee by you, you agree that no Premium Game Resource (including IGG Points Card) is eligible for return, and that the Admission Fee is not refundable, in whole or in part. You shall not be entitled to any concession in respect of this payment term. If any payment is disputed or charged back, the associated IGG Account(s) may be suspended, or terminated if any fraudulent activity is detected.
(e) Security and Anti - Fraud. For security and anti-fraud purpose, we may require any Player, whether prior to or after payment of the Admission Fee, to provide personal information such as name, address, phone number, social security number, and copy of picture ID. Players may also be required to write and sign a statement certifying that their purchases are authorized and legitimate. Failure to do so may result in suspension of the purchaser's Account.
6. TRADING AMONG PLAYERS
Trading of Game Resource or in game money between Players on the same server is permitted. All other trading or transfers, including without limitation, trading of Account ID, Account Names, and all out-of-game transfers, are strictly prohibited.
We are not responsible for any losses that occur, whether in relation to any permitted or prohibited trading activities. ANY AND ALL PROHIBITED CONDUCTS MAY RESULT IN IMMEDIATE TERMINATION OF THE ACCOUNTS INVOLVED IN SUCH TRADING.
7. CONTENT AND MEMBER CONDUCT
(a) Content. You acknowledge that: (i) by using the Software and the Service you will have access to graphics, sound effects, music, animation-style video and text (collectively, "Content"), and (ii) Content may be provided under license by independent content providers, including text contributions from other Members (all such independent content providers shall hereinafter be referred to as "Content Providers"). We do not pre-screen Content as a matter of policy. We have the right, but not the obligation, to remove Content at any time which we deem to be harmful, offensive, or otherwise in violation of this Agreement.
(b) Rights in Content. You acknowledge that we and Content Providers have rights in our respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that you will not use any Content other than in connection with playing IGG Games.
(c) Member Content. Members can upload Content to our servers in various forms, such as in selections you make for IGG Games and in bulletin boards and similar user-to-user areas. Unless specified otherwise in your transmission, by submitting your Content to any area on the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
(d) Member Conduct. You agree not to use the Service to: (i) upload, post, e-mail or otherwise transmit Content that infringes any third party rights; (ii) impersonate any person or entity, including, but not limited to, our employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) upload, post, e-mail or otherwise transmit Content that violates any law or regulation; (iv) upload, post, e-mail or otherwise transmit Content as determined by us at our sole discretion that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (v) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (vii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or (viii) "stalk" or otherwise harass another member.
(e) Cheating Programs. To ensure fair play, we do not allow the use of any cheating programs such as macros, bots, or mouse simulators etc., to play IGG Games. If you use these cheating programs, you may suffer severe consequences including, but not limited, to the following: (i) we may suspend your Account for an indefinite period time; (ii) we may terminate your Account; and (iii) we reserve the right to seek further legal remedies against you.
(f) Modification of the Client Program. All Members must use the client programs provided by us. We periodically update the client program as well, and all players are required to use the latest version of the Games. Modification of the client programs of the Games is strictly prohibited. Any violations may result in the termination of your Account.
(g) Exploitation of Program Bug. Members are prohibited from exploiting any programming bugs in the Games, on the Web Site, and/or within our system. Any violations may result in the termination of Account.
8. OFFICIAL SERVICE
We have designed IGG Games for play only as offered by us at the Web Site. You agree to play IGG Games only as offered by us at the Web Site and not through any other means. You further agree not to create or provide any other means through which IGG Games may be played by others, as through server simulators. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, simulators or tools derived from or created for IGG Games, except that you may use the Software to the extent expressly permitted by this Agreement. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any IGG Games accounts, characters, items, coins or copyrighted material.
(a) The personal information you provide us during registration is used for our internal purposes only. We use the information we have collected to learn what you like in order to improve the Service. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, we will not give any of your personal information to any third party without your express approval. We do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. If you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purposes relating to the Services, the Software, and any services or software which may in the future be provided by us or on our behalf.
(b) We can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies, or government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law.
10. PARENTAL GUIDANCE
While we may choose to monitor and take action upon inappropriate Game play, chat or links to the Service, it is possible that at any time there may be language or other material accessible on or through the Services that may be inappropriate for children or offensive to some users of any age. We cannot ensure that other players will not provide content or access to content that parents or guardians may find inappropriate or that any User may find objectionable. We do not as a matter of policy pre-screen the Content of the materials or communications transmitted by each player.
11. INTERRUPTION OF SERVICES
(a) We reserve the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.
(b) You acknowledge that the Services may be interrupted for reasons beyond our control, and we cannot guarantee that you will be able to access the Services or your Account whenever you may wish to do so. We shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes beyond our reasonable control.
(c) We shall not be obligated to refund any and all portion of any Admission Fee or Game Resource or Account fees (if any) by reason of any interruption of the Services and by reason of any of the circumstances described in Clause 11(a) or 11(b).
12. DISCLAIMER OF WARRANTIES
WE PROVIDE THE SOFTWARE, THE ACCOUNT, THE IGG GAMES, PROMOTION PROGRAM, FREE GAME RESOURCE, PREMIUM GAME RESOURCE AND ALL OTHER SERVICES ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SOFTWARE, THE ACCOUNT, THE IGG GAMES, PROMOTION PROGRAM, FREE GAME RESOURCE, PREMIUM GAME RESOURCE OR OTHER SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE, THE ACCOUNT, THE IGG GAMES, PROMOTION PROGRAM, FREE GAME RESOURCE, PREMIUM GAME RESOURCE OR OTHER SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, CONTINUOUS, SECURE, VIRUS-FREE, OR THAT THE DEFECTS IN THE SOFTWARE, THE ACCOUNT, THE IGG GAMES, PROMOTION PROGRAM, FREE GAME RESOURCE, PREMIUM GAME RESOURCE OR OTHER SERVICES WILL BE CORRECTED.WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE, THE ACCOUNT, THE IGG GAMES, PROMOTION PROGRAM, FREE GAME RESOURCE, PREMIUM GAME RESOURCE OR ANY OTHER SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULARLY TASK OR APPLICATION, OR OTHERWISE.NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SOFTWARE, THE ACCOUNT, THE IGG GAMES, PROMOTION PROGRAM, FREE GAME RESOURCE, PREMIUM GAME RESOURCE AND ALL OTHER SERVICES.YOU SHOULD NOT USE THE SOFTWARE, THE ACCOUNT, THE IGG GAMES, PROMOTION PROGRAM, FREE GAME RESOURCE, PREMIUM GAME RESOURCE OR ANY OTHER SERVICES IN HIGH-RISK ACTIVITIES WHERE SUBSTANTIAL DAMAGE COULD RESULT IF AN ERROR OCCURRED. WE DO NOT WARRANT OR REPRESENT THAT OUR SECURITY PROCEDURES WILL PREVENT THE LOSS OR IMPROPER ACCESS TO YOUR DATA. WE ARE NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
13. LIMITATION OF LIABILITY
(a) THE MAXIMUM AMOUNT OF OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL ADMISSION FEES PAID BY YOU TO US IN AND WITHIN THE SAME MONTH OF THE EVENT FROM WHICH SUCH LIABILITY ARISES. IN NO EVENT SHALL WE, OR ANY OF OUR SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATIONS, ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER OR IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SOFTWARE, THE ACCOUNT, THE IGG GAMES, PROMOTION PROGRAM, FREE GAME RESOURCE, PREMIUM GAME RESOURCE OR ANY OTHER SERVICES OR THIS AGREEMENT, WHETHER OR NOT WE MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR.
(b) If you pay an Admission Fee for access to Premium Game Resource, you agree to release us from any and all liabilities related to your purchase and to your access, play and any other use of the Game Resource, except that we are responsible for delivering such Premium Game Resource to your Account in IGG Games in accordance with Clause 5(c).
(c) You agree to release us from any and all liabilities related to any computer virus infection to your computer, whether it is through our server or third party activities.
(d) You agree that we will not be held responsible or liable for anything that occurs or results from accessing the IGG Games services.
14. UNCENSORED INFORMATION
YOU UNDERSTAND THAT CONTENT AND MATERIALS ON THE INTERNET MAY BE CREATED AND MAINTAINED BY THIRD PARTIES (SUCH AS USER MESSAGE BOARD) AND THAT PORTIONS OF SUCH MATERIALS MAY BE SEXUALLY EXPLICIT, OBSCENE, OFFENSIVE, OR ILLEGAL. IN NO EVENT SHALL WE BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY MATERIALS FROM THIRD PARTIES ACCESSED THOUGH THE SERVICES.YOU ASSUME TOTAL RESPONSIBILITY AND RISK FROM YOUR USE OF THE SERVICES AND INTERNET GENERALLY.WE DISCLAIM ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS PROVIDED THOUGH HYPERLINKS OR IN ANY OTHER FORMS.
AT OUR REQUEST, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US, OUR SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, OUR LICENSEES, DISTRIBUTORS, CONTENT PROVIDERS, AND OTHER MEMBERS OF THE SERVICE, FROM ALL DAMAGES, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, CLAIMS, CAUSES OF ACTION, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS' FEES AND COSTS, WHICH WE MAY HEREAFTER INCUR, SUFFER, OR BE REQUIRED TO PAY, DEFEND, SETTLE (SUBJECT TO ANY LIMITATIONS SET FORTH IN THIS AGREEMENT), OR SATISFY AS A RESULT OR ARISING OUT OF YOUR USE OF THE SOFTWARE, THE ACCOUNT, THE IGG GAMES, PROMOTION PROGRAM, FREE GAME RESOURCE, PREMIUM GAME RESOURCE OR ANY OTHER SERVICES OR ANY BREACH OF THIS AGREEMENT BY YOU.
(a) We may terminate this Agreement (including your Software license and Account) immediately and without notice if you breach this Agreement or willfully infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon Game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of IGG Games. If we terminate this Agreement under any circumstances, you will lose access to your Account without refund of any fees you paid.
(b) You agree that if the Services or your Account is terminated or cancelled for any reason or length of time, you are not entitled to any reimbursement or refund of any fee you paid.
(c) You acknowledge that we reserve the right to discontinue our promotion program as described in Clause 5(a) and/or any and all IGG Games or your access thereto (subject to Clause 5(c)(ii)) at any time in the light of our budgeted operation costs, without any liability whatsoever to you.
17. CHOICE OF LAW AND VENUE.
This Agreement is governed by and shall be construed and enforced under the laws of the Singapore, without applying any conflicts of law principles that would require application of the law of any other jurisdiction. You agree to submit to the personal jurisdiction in Singapore.
In the event of any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, (a “Dispute”), you agree that such Dispute shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of three (3) arbitrators, with you appointing one (1) arbitrator and us appointing one (1) arbitrator and the third arbitrator to be selected by the two (2) arbitrators so appointed. The language of the arbitration shall be English.
18. GENERAL PROVISIONS
Except as provided in this Agreement (in particular our right to amend this Agreement as provided by Clause 1(b)), any changes to this Agreement must be in writing and signed by us and you. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in force. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void, without our prior written permission. This Agreement sets forth the entire understanding and agreement between us and you with respect to us, the Services and IGG Games, and this Agreement supersedes all prior agreements (oral or written, if any) between the parties. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on our part shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond our reasonable control. All notice given by you or required under this Agreement shall be faxed to +1 (408) 318-6528, Attention: Customer Support, and are effective on the date received.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS BY PRESSING THE "I AGREE" BUTTON BELOW AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY CHOOSE NOT TO BECOME A USER OF THE SERVICE BY PRESSING THE "I DO NOT AGREE" BUTTON BELOW AND YOU WILL NOT BE PERMITTED TO PLAY IGG GAMES.
(c) 2006 IGG.com All rights reserved.Latest update: Jan, 2012