KOG Games Inc. (the “Company,” “we,” “us”) provides this web site (the “Site”) and all Site-related services and products, including, without limitation, massively multiplayer online role-playing and multiplayer online casual games (collectively, the “Service”), subject to your compliance with the terms and conditions set forth in this agreement (the “Agreement”). This Agreement governs the relationship between the Company and you, the Site visitor and/or Service member (“you”) with respect to your use of the Service. You must read carefully and understand the terms and conditions of this Agreement before using the Service.We reserve the right to re-evaluate and augment the following at any time:
– The terms and conditions of this Agreement;
– The Service, including terminating, eliminating, supplementing, or modifying, any content or data on or feature of the Service or the hours that the Service is available;
– Any fees or charges, if any, related to your use of the Service; and
– The equipment, hardware or software required to use and access the Service.Any changes made will be effective immediately with or without prior notice. We will attempt to provide prior notice by posting on the Site or any other means we deems appropriate and efficient. Your continued use of the Site or Service after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
A. SERVICE REGISTRATION
In order to access and use the Service, you must sign up for an account (“Account”) with us. Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all of the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions of this Agreement, you may not sign up for an Account and you shall not have the right to use the Service, which includes the right to play any games.
A.2 Age Restrictions
By signing up for an Account and using the Service, you represent and warrant that you are 18 years of age or older and have the right, authority and capacity to enter into this Agreement, or you are the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. If you are between the ages of 13 and 17, you represent that your parent or legal guardian has reviewed and agreed to these Terms. Your Account may be used only by you. However, if you are a parent or guardian, you may permit one (1) of your minor children who is 13 years of age or older to use the Account instead of you. If you are under the age of 13, you are prohibited from using the Service or creating an Account. You agree that you are entirely liable for all activities conducted through the Account, and are responsible for ensuring that you are and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other Company rules, policies, notices and/or agreements.
A.3 Eligibility and Territory
Only “natural persons,” as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the right to establish an Account. We hereby disclaim any and all responsibility and liability for any unauthorized use of your Account. Currently we only accept customer accounts from North America and Oceania. The service is not available to users outside of these territories.
A.4 Registration information
A.5 Account ID and Password
As part of the registration process, you will also be asked to select an Account ID and password for your Account which you will use each time you access the Service. We reserve all right to refuse to grant you or to terminate an Account ID that: (i) is or may be illegal or is or may be protected by trademark or other proprietary rights laws, or may cause confusion, (ii) is or may be considered vulgar, defamatory, obscene, hateful, racially, ethnically or otherwise offensive, including any Account IDs which are sexual in nature. You will be responsible for the confidentiality and use of your Account ID and password. If you have reason to believe that your Account with us is no longer secure, you must promptly change your password by visiting http://www.ElswordOnline.com or http://www.GrandChaseOnline.com and immediately notify us of the problem by visiting our customer service department, Support.ElswordOnline.com or Support.GrandChaseOnline.com. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT ID AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
As part of the registration process, you will also be asked to select a Nickname which you will use at the Forum and Customer Support. We reserve all right to refuse to grant you or to terminate a Nickname that: (i) impersonates someone else, including, without limitation, another user, Non Playing Character or Game Master (“GM”), (ii) is or may be illegal or is or may be protected by trademark or other proprietary rights laws, or may cause confusion, (iii) is or may be considered vulgar, defamatory, obscene, hateful, racially, ethnically or otherwise offensive, including any usernames which are sexual in nature, (iv) is comprised of or includes the names (including “street” names) of any drug, narcotic or other criminal activity, (v) includes any special characters (i.e., ASCII codes) and/or (vi) is otherwise inappropriate, regardless of our software’s ability to disallow such usernames. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any Nickname at any time and for any reason in our sole discretion.
B. SERVICE USE & RESTRICTIONS
B.2 Code of Conduct
You agree to comply with all applicable laws, rules and regulations while using our service. We reserve the right to take any actions we deem required maintaining the integrity of our games, including blocking any account, with or without reason. You agree that we reserve the right to block/suspend ANY and ALL accounts we deem to be suspicious, at our discretion. Users may not:
– Prohibit or deny any other users from using the Service, Cash Items (as defined below) or the Software;
– Plan or launch an attack upon any server used in connection with the Service or otherwise attempt to disrupt such servers;
– Use the Service, Cash Items or Software for any unlawful or unintended purpose as explained on the Site;
– Engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive or otherwise objectionable behavior, including, without limitation, looting, kill stealing, making sexual comments and/or cursing;
– Express or imply that any statements you make or actions you take are endorsed by us;
– Impersonate another person or pretend that you are an employee of the Company, its parent, subsidiary, or affiliate.
– Transmit: (i) any content that is unlawful, harassing, vulgar, obscene, hateful, fraudulent, threatening, abusive, libelous, defamatory, obscene, sexually explicit, or racially, ethnically or otherwise objectionable, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (ii) any content that infringes our or any third party’s intellectual property or other rights, or that you otherwise do not have permission to transmit; (iii) any software or other materials that contain any viruses, worms, trojan horses, or other items of a destructive nature; (iv) any private information about companies; (v) any trade secret of any third party; or (vi) any advertisements, solicitations, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
– Engage in spamming or flooding;
– Remove, alter or conceal any copyright, trademark, patent or other proprietary rights notices contained in the Service, Cash Items or Software;
– “Frame” or “mirror” any part of the Service without our prior written authorization;
– Link to any page of or content on the Site other than the URL located at http://www.ElswordOnline.com or http://www.GrandChaseOnline.com; – Introduce or provide a link to any web sites that promote any product or any service;
– Use any application or other manual or automatic device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
– Collect information about the Service, visitors to the Site or users of the Service without their express consent;
– Download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information contained in the Service except as expressly authorized by this Agreement;
– Host or redirect the communications protocols used by us as part of the Service, including, without limitation, by protocol emulation, tunneling, reverse engineering, modifying the Software or using a utility program to host the Software;
– Sell, advertise, or post information on hacks for the Software, Cash Items or Service and/or advertising, posting information on or selling hacks for any other software or web sites;
– Exploit the Software, Cash Items or the Service for any commercial purpose, including the provision of “power leveling” services;
– Make any changes to the Software, Cash Items or the Service to change “game play,” including, creating cheats and/or hacks or using third-party software to access files in the Software or Service;
– Reverse engineer, decompile or disassemble all or any portion of the Service, Cash Items or Software;
– Hack or alter the Software, Cash Items or the Service or connect to other interfaces other than those provided;
– Engage in using macros (i.e., “macroing”), auto-looting or robot play (i.e., “botting”) or any other behavior that allows you (or any character you are controlling) to automatically function or effect any action in a game with or without your presence;
– Use “packet sniffing,” scripting and/or macroing software for any purpose whatsoever, or otherwise monitor the Service, the Cash Items or the Software;
– Attempt to obtain a password or other private account information from any other person or user of the Service; and/or
– Disclose your personally identifiable information or any other person’s or users personally identifiable information on the Site or through the Service, or web sites or forums related to the Site or Service.
– Unauthorized chargeback is a reversal, withdrawal or a return of funds to a customer which is influentially initiated by the user or by the issuing bank.
– The first offense penalty for an unauthorized chargeback will be an immediate permanent ban in the game and in the payment gateway wherein the unauthorized chargeback was filed.
You shall comply with the terms and conditions of this Agreement and the terms and conditions of all the game rules and policies provided in connection with the game at all times.
B.3.1 Character Name
The rules for Character Names follow the same rules as Nicknames identified in Section A.6.
B.3.2 Game Forums
While playing games, you may create and/or join existing forums as part of the Service (the “Forums”) for the purpose of communicating with other players. While participating in a Forum, you must adhere to the rules set forth in Section B.2 above, and you may not:
– Stop or hinder the normal course and pace of postings or chat in the Forum, including through: (i) use of a macro; (ii) any mechanisms causing the Forum or chat screen to scroll faster; (iii) posting “Spam” messages; and/or (iv) sending repeated unsolicited or improper messages to a single user or keep posting like messages in a Forum or chat area;
– Harass, threaten, stalk, embarrass or cause distress to any other person or player; and
– Partake in any action that “scams” or defrauds any other player, especially with respect to any items that a player has obtained.
Any thoughts posted and/or opinions expressed in the Forums do not reflect the opinion(s) of the Company. We are not responsible for any errors or omissions in postings, for links embedded in messages or for any results from the use of the information contained in the Forums. Under no circumstances will we or our parents, subsidiaries, affiliates, suppliers or agents be liable for any loss or damage caused by any reliance on the information in the Forums or your use of the Forums. You understand that any information posted in any Forum is being made publicly available and may be collected and used by other users. When you disclose any information in a Forum, you do so at your own risk. We have no obligation to monitor the Forums, or any postings or other materials that you or other players transmit or post on the Forums. However, you acknowledge and agree that we have the right to monitor the Forums and the postings and other materials you and the other players transmit and post; to alter or remove any such materials (including, without limitation, any posting to a Forum); and to disclose such materials to any third party in order to operate the Service properly, to protect ourselves, our sponsors and our members and visitors and/or to comply with legal obligations or governmental requests.
B.3.3 ItemMall / Cash items
B.4 Hardware and Software Access
You hereby acknowledge that:
B.4.1 The Company has the right to obtain certain information about your computer or software, including, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification. The company may do this without any notification to you. The information you provide to us will be used for internal purposes to maintain the Account.
B.4.2 The Company has the right to obtain, without notification to you, non-personal information from your connection to the Service or Site for demographic purposes.
B.4.3 The Company has the right to obtain, without notification to you, information from your computer or software, your computer’s RAM, video card, CPU, hard drive(s) and any other storage devices to assist our efforts in policing users who may develop and/or use “hacks” and/or “cheats” to gain advantage over other users.
C. POSTED INFORMATION
Our Software and Service are intended solely for personal playing purposes. Some information contained on our Site may be posted by third parties but that does not indicate any approval or endorsement of such third parties or providers by the Company. The Company expressly disclaims any liability with respect to information posted by third parties. If you believe that certain content is incomplete or inaccurate, please contact our customer service department at Support.ElswordOnline.com or Support.GrandChaseOnline.com.
The Site may contain links to other Internet web sites. The Company does review all of the web sites that are linked to the Site, and the Company has no control over such sites. The Company is not responsible for the content of such web sites nor do we approve or endorse any material contained on any linked site. It is up to you to take precautions to ensure that whatever links you select is free of such items as viruses or other harmful items.
E. COPYRIGHT INFRINGEMENT CLAIMS
If you claim in good faith that any items presented by the Company infringe your copyright, you may send us a notice requesting that the material be removed or access to it blocked. The request should include: (i) a signature of the complainant; (ii) description of the copyrighted work allegedly infringed; (iii) where the alleged infringement is on the site; (iv) the relevant contact information; (v) a summary statement of the issue. Notices and counter-notices with respect to the Site may be sent to:
By email: [email protected]
F. OWNERSHIP, LICENSING AND RESTRICTIONS ON USE
F.1 Ownership. Other than the personal information and content submitted by users of the Service, the Service and Software and all content included are owned by KOG Games or its licensors, and are protected by United States and other international intellectual property laws. You may not use our trademarks and trade dress in connection with any product or service that is not ours.
F.2 Subject to the terms of this Agreement, KOG Games grants you a personal, non-exclusive, non-transferrable, limited, fully revocable license to use the Service, and its contents. You agree to not modify, publish, transmit, transfer, sell, reproduce, upload, post, distribute, perform, display, create derivative works from, or in any way exploit such content. Violation of the intellectual property rights of KOG Games hereunder may subject you to civil liability and/or criminal prosecution under applicable laws.
G. ACCESS & USE BY MINORS
Pursuant to 47 U.S.C. Section 230(d), we are notifying you that parental control protections are available that may assist you in limiting access to material that is harmful to minors. Please visit the following for more information: http://www.netparents.org/parentstips/browsers.html.
I. SERVICE INTERRUPTIONS
J. TERMINATION AND DISCONTINUATION
J.2 Effect of Termination. Upon termination of this Agreement for any reason, your right to use the Service shall immediately cease, and you shall destroy all Software and other content obtained through your use of the Service and all copies thereof. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO OBLIGATION WHATSOEVER TO YOU AFTER THE TERMINATION OF YOUR ACCOUNT OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, TO PROVIDE YOU WITH A REFUND OF ANY CHARGES YOU AUTHORIZED US OR ANY DESIGNATED PAYMENT SERVICE TO CHARGE TO YOUR CREDIT CARD(S) IN CONNECTION WITH YOUR PURCHASE OF K-CHINGS.
J.3 Survival. Sections F.1, F.3, J.2, J.3, K, L, M, and P (as well as the definitions applicable to such sections) shall survive any termination of this Agreement or discontinuance of the Service.
THE SERVICE (INCLUDING THE SITE, THE GAMES, THE CASH ITEMS, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN) AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THE COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, PARTNERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, AND THE SERVER(S), SYSTEM(S) AND NETWORK(S) ON WHICH THE SERVICE IS HOSTED AND/OR OPERATES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICE AND ALL CHARGES AND FEES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF THE COMPANY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS, AGENTS OR THIRD PARTY USERS, WHETHER MADE ON THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICE, THE ITEM MALL, ANY CASH ITEMS, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN IS ENTIRELY AT YOUR OWN RISK.
L. LIMITATION OF LIABILITY
NEITHER THE COMPANY NOR ANY OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (INCLUDING, WITHOUT LIMITATION THE SITE, THE GAMES, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN), YOUR ACCOUNT (INCLUDING, WITHOUT LIMITATION YOUR CASH ITEMS OR K-CHINGS), ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH YOUR USE OF THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE, OR ANY PART THEREOF, IS TERMINATION OF THIS AGREEMENT AND ALL RELATED AGREEMENTS. THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE THE LESSER OF TWENTY U.S. DOLLARS OR THE TOTAL CUMULATIVE AMOUNT PAID BY YOU TO OBTAIN CASH ITEMS.
If you have any questions, comments or complaints regarding this Agreement or the Service, please contact our customer service department at Support.ElswordOnline.com or Support.GrandChaseOnline.com. For inquiries related to business matters such as licensing or merchandising, please contact us at [email protected] For inquiries related to marketing, advertising, press, etc., please contact our marketing department at [email protected]
O. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
P. LIQUIDATED DAMAGES
You acknowledge and agree that you are not permitted for any reason or under any circumstances to hack, attempt file decryptions, crack encryptions, use cheats and/or memory altering scripts or codes or utilize unauthorized third-party manipulations programs, re-packer programs, game or client altering software or client re-interpretation methods or codes to alter the play experience or gain an unfair advantage in any of the KOG Games games. You also are prohibited from doing the following: (1) use any type of hacks, bypass, decryptions (including but not limited to file decryption software/methods), cheats and/or memory altering scripts or codes to gain an unfair advantage over other users in any KOG Games game; (2) manipulate and/or alter the game client and/or server memory in order to gain unearned and unjustified K-CHINGS, in-game currency and/or any other Items from any KOG Games game ; and (3) elevate your ranking in any KOG Games game fraudulently or by any wrongful or unauthorized means. In addition you agree not to create, design, reverse engineer, modify, disseminate, link, distribute, provide access to or use any third party programs, bots, scripts, codes, bypass, memory scanning software, hacks or cheats designed to alter the game play or to modify the code to play the game differently than it was intended by means of programs not permitted or authorized by KOG Games, which include, but are not limited to: hacks, private servers, cheat engines, memory altering scripts or codes (including but not limited to disconnection hacks), auto clickers, any type of bots and/or game cheats. Any use, dissemination or design of such programs shall be deemed a material breach by you of these Terms of Service for which you will be liable to KOG Games for any resulting damages. Because the damages resulting therefrom are difficult to ascertain, You agree that if you host or operate a private server of a KOG Games game or host or operate a hack site that sells hacks to a KOG Games game or if you distribute, disseminate, design, code, moderate and/or provide free or paid access to private forums that sell or distribute hacks, or assist in the design of any private servers or third party programs (such as hacks) that alter the game play of any KOG Games game, you shall pay the Company, as liquidated damages and not as penalty, the sum of Two Hundred Thousand ($200,000) Dollars for each such program (including patches) and versions thereof . You also agree that if you use such a program to play any of the KOG Games games, or engage in the use of a private server, you will have the unconditional obligation to pay KOG Games the sum of Five Thousand ($5,000) Dollars, as liquidated damages and not as penalty, for each time you use such a program, which shall be due and payable immediately upon notification to you of said infraction.
This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regard to principles of conflicts of laws that would result in the application of the law of a different jurisdiction. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Orange, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Except as otherwise specifically provided herein, this is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with the Company’s prior written consent. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The United Nations Convention on the International Sale of Goods is explicitly excluded from this Agreement.