ATTENTION, NOTICE TO USER:
Gaijin Entertainment, LLP
The following restrictions and conditions apply to the use of Service and creating and maintaining the Account (as such term defined below):
a. You shall not create an account in connection with the Site and/or Service (an “Account”), or access Service if you are under the age of 13;
b. You shall monitor your Account to restrict use by minors, and you shall deny access to children under the age of 13. You accept full responsibility for any unauthorized use of Service by minors in connection with your Account. You are solely responsible for any use of your credit card or other payment instrument (e.g. PayPal and Facebook Credits) by minors;
d. You shall not create an Account or use Service if you are a convicted sex offender;
e. You shall not have an Account or use Service if you have previously been removed by Gaijin or previously have been banned from playing any Gaijin’s games;
f. You shall not use Service if you are located in a country embargoed by the United States or if you are a resident of any nation that is on the U.S. Treasury Department’s list of Specially Designated Nationals.
g. You shall use your Account only for non-commercial purposes;
h. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other user or third party;
i. You shall not use your Account to engage in any illegal conduct; and
j. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without Gaijin’s written permission;
k. You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Gaijin’s consent.
Notwithstanding the foregoing, Gaijin may refuse to provide Services to any person for any reason or no reason whatsoever.
Gaijin reserves the right to make changes or updates with respect to or in the Content of the Site or the format thereof at any time without notice. Gaijin reserves the right to terminate or restrict your access to the Site for any reason whatsoever at its sole discretion.
Description of Service
Through use of your personal computer or other electronic devices (“Device”) and this Site you may play Gaijin’s game and use related services available on the Site (“Service”).
You hereby acknowledge and agree that your login, number, name and profile picture may be publicly available to other users and some search engines may index your name and profile photo.
During the Account setup process, you may be required to select a specific username and password (“Login Information”). The following rules govern the security of your Login Information:
a. You shall not share the Account or the Login Information with any third party, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account;
b. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Gaijin and modify your Login Information;
c. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and
d. You are solely responsible for any unauthorized use of your Account.
Gaijin reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that your username violates such third party’s rights.
Warranties and disclaimers
Although care has been taken to ensure the accuracy of the information on this Site, Gaijin assumes no responsibility therefore. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." GAIJIN HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS SITE OR THE CONTENT. GAIJIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS SITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. GAIJIN DOES NOT WARRANT THAT THE SITE OR THE SERVERS WHICH MAKE THIS SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY GAIJIN ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except agreed by Gaijin in writing, contractors, agents, dealers or distributors of Gaijin or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
The Site may contain references to specific Gaijin games and Service that may not be (readily) available in a particular country or region. Any such reference does not imply or warrant that any such products or Service shall be available at any time in any particular country or Device.
IN NO EVENT SHALL GAIJIN OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE OR THE CONTENT, PRODUCTS, SERVICE, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS SITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF GAIJIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST GAIJIN PERTAINING TO OR IN CONNECTION WITH THIS SITE MUST BE COMMENCED AND NOTIFIED TO GAIJIN IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW OR LIMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO ALL CIRCUMSTANCES.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
You agree that you will not, under any circumstances:
b. Make improper use of Gaijin’s Services, including, without limitation, by submitting false abuse reports or using profane and abusive language in your communications with our personnel; or
c. Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
d. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any Gaijin game experience;
e. Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service or any Gaijin game experience;
f. Without Gaijin’s express written consent, modify or cause to be modified any files that are a part of the Service;
g. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service, Site or any Gaijin game environment (each a “Server”); or (2) the enjoyment of the Service or any Gaijin game by any other person;
h. Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or
i. Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Gaijin, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
j. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
k. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
l. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Gaijin employee;
m. Use the Service or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Items for sale;
n. Use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service; or
o. Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
r. Use any unauthorized third party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Gaijin game characters, elements, or environment. Gaijin may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
s. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
t. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
u. Bypass any robot exclusion headers or other measures Gaijin employs to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
v. Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by Gaijin;
w. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Gaijin; or
y. Solicit or attempt to solicit personal information from other users of the Service;
z. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or
aa. Upload or transmit or attempt to upload or transmit, without Gaijin’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
bb. use IP proxying or other methods to disguise the region (country) of your current location, whether to circumvent geographical restrictions and purchase virtual currency or virtual items at pricing not applicable to your geography, or for any other purpose.
Term and Termination
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Gaijin reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, unless such suspension or termination is caused by Gaijin’s grossly negligent or willful acts, Gaijin shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICE IN ANY WAY.
This Site may provide links to other Sites that are not under the control of Gaijin. Gaijin shall not be responsible in any way for the content of such other Sites. Gaijin provides such links only as a convenience to the user of this Site, and the inclusion of any link to any such websites does not imply endorsement by Gaijin of the content of such websites.
Third Party Materials
You hereby expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets and all other related proprietary rights in this Site and/or Content (including but not limited to Software, Service, audio, video, text and photographs) rests with Gaijin and/or its licensors Gaijin and/or its licensors are the sole and exclusive owners thereof. All rights in the Site and/or Content not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site and/or Content, its products or Service except as expressly authorized herein. Except as otherwise provided, the Content published on this Site may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Gaijin is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
Gaijin hereby disclaims any rights to trademarks, Service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third Party Material are the properties of their respective owners. Gaijin disclaims any proprietary interests in the intellectual property rights other than its own.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Gaijin’s Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying Gaijin and its affiliates that your copyrighted material has been infringed.
Gaijin’s Copyright Agent for notice of claims of copyright infringement on its Site can be reached as follows:
Address: b.14 stroenie 15, proyezd Serebryakova, 1st floor 129343, Moscow, Russian Federation.
Tel.: +7 (495)663-31-67, +44 330 828 0770, +1-866-287-4559
Certain Software of Gaijin and its licensors made available for downloading in connection with this Site (the “Software”) is licensed subject to the terms of the applicable license agreements http://www.GaijinEnt.com/en/b/EULA (“End User License Agreement”). Both the Software and any accompanying documentation made available to you is the copyrighted work of Gaijin or its licensors, as applicable. Except as set forth in the applicable End User License Agreement, the Software is made available for use by you only and any further copying, reproduction or redistribution of the Software is expressly prohibited. You must agree to the terms of the applicable End User License Agreement to download or obtain Software.
You may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work or otherwise reverse engineer, or transfer the licensed program, or any subset of the Site, its Products or Service, except as expressly authorized herein or in the applicable license agreement. Any such unauthorized use shall result in immediate and automatic termination of your license to use this Site and, as applicable, of the license for Gaijin’s Software and Service and may result in criminal and/or civil prosecution.
WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE, PRODUCTS AND SERVICE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. GAIJIN HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.
Without limiting the foregoing, Gaijin makes no warranty that: the Service and products will meet your requirements; the Service and products will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the Service or materials will be effective, accurate, or reliable; the quality of any Service or products purchased or accessible by you through the Site will meet your expectations; any errors in the software obtained from or used through the Site, or any defects in the Site, its Service or products, will be corrected.
Gaijin is the owner, licensee or a holder of necessary rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items appearing or originating in any Gaijin game, whether “earned” in a game or “purchased” from Gaijin, or any other attributes associated with an Account or stored on the Service.
Gaijin prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by Gaijin in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game, without Gaijin’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
In the Service you may purchase, with “real world” currency a license to use Virtual Items and or other goods or Services. You may also obtain a license to use Virtual Items by redeeming third party virtual currency, such as Facebook Credits.
Purchases or redemptions of third party virtual currency to acquire a license to use virtual items are non-refundable.
You can license Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you purchase a license to Virtual Items from our Service, We may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. Gaijin keeps records of transactions in order to deal with any subsequent queries. Facebook Credits that you purchased or otherwise obtained from Facebook are subject to Facebook’s terms and conditions and Gaijin is not a party to those agreements or transaction relating thereto.
For Virtual Items, your order will represent an offer to us to purchase a license for the relevant service(s) which will be accepted by Gaijin when Gaijin makes the Virtual Items available on your account for you to use in our games or debit your credit card, whichever comes first.
Your license to Virtual Items for use in Gaijin games is a service provided by Gaijin that commences upon acceptance by Gaijin of your purchase or redemption of third party virtual currency (e.g. Facebook Credits). By ordering a license to use Virtual Items you agree and accept that Gaijin will provide you with the Virtual Items upon completion of the purchase transaction. If you reside in the European Union and you purchase a product or service from Gaijin, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services commenced prior to the last day of the Cooling Off Period. Accordingly, please note that if you purchase a license to use Virtual Items from Gaijin, your right of withdrawal is lost as the performance of our services begins promptly once your purchase transaction is completed.
Information Provided By You/Feedback
User Materials will be treated as non-confidential and non-proprietary, and immediately become the property of Gaijin, subject to any privacy policies posted on this Site. Gaijin may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials.
Unlawful or Prohibited Use
Linking to the Site
Linking to the Site is permitted provided that you comply with these rules. You may link to the home page of the Site or to any other page of this Site. However you are not allowed to use in-line linking or framing. You must not imply that Gaijin endorses or sponsors the linker or its Site, products or Service. You must not use Gaijin's intellectual property including but not limited to trademarks, trade name, copyright without permission from Gaijin. Furthermore, you agree to remove the link at any time upon our request.
Gaijin does not bear any responsibility nor assumes any risks if by any reason a product or a Service made available on this Site breaches national law of any state. Those who access this Site do so on their own initiative and are responsible for compliance with their national laws.
Copyright © 2016, Gaijin Entertainment and its licensors. All rights reserved.