Last updated: July 30, 2020
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You must be at least 13 years of age to access and use the Services. If you are at least 13 years of age but below 18 years of age or such other age of majority required for this Agreement to be binding and enforceable against you and not voidable (“Age of Majority”), your parent or legal guardian must establish an Account with us. Parents and legal guardians who establish an Account with us for use by their child/ward or otherwise permit their child/ward access to the Services through their Account guarantee the compliance by the child/ward of the obligations under this Agreement.
Subject to your agreement to and compliance with the terms of this Agreement, we grant to you a non-exclusive, non-transferable, non-sharable, revocable, limited license to use the Services (including the Software in connection with the Services) solely for your personal, non-commercial use to the Services in accordance with this Agreement.
We are entitled to immediately terminate this license, without any liability to you in the event of your any violation of the terms of this Agreement.
The Services comprise of content that belongs to us and/or our licensors and that are protected by copyright, trademark, and other intellectual property laws. We reserve all rights, including without limitation, intellectual property rights and other rights, in respect of the Services. You may not use the Services or the intellectual property comprised in the Services in a manner that constitutes an infringement of our or our licensors’ rights. You shall not create, modify, adapt, reverse engineer, recompile, reproduce, publish or distribute any derivative works of any software, utilities, applications, simulators, tools, files or intellectual property derived from, forming or otherwise used to provide the Services, or otherwise use the Software and Services except as may be expressly provided in this Agreement or to the extent permitted by law or relevant open source licenses.
You are not permitted to sell, auction, trade, sublicense, rent, lease, loan or transfer any Account, character, Game Resources or any copyrighted material.
Without prejudice to the generality of the foregoing, you shall not sublicense, rent, lease, loan, sell, auction, trade or otherwise transfer the Software for profit.
You shall not use the Services and Account for any illegal purposes under applicable laws and/or regulations.
Account and Access to Services
(a) Eligibility. You must be at least 13 years of age to access and use the Services. If you are at least 13 years of age but below the Age of Majority, your parent or legal guardian must establish an Account with us.
By establishing an Account through which you access the Services, you undertake, represent and warrant that you have reached the Age of Majority. If you are at least 13 years of age but less than the Age of Majority and wish to use the Services, your parent(s) or legal guardian(s) must complete the registration process, open an Account in their name(s), and accept full responsibility for all obligations under this Agreement. Parents and legal guardians who establish an Account with us for use by their child/ward guarantee the compliance by the child/ward of the obligations under this Agreement.
Only one person may use an Account to access the Services. The registered user of an Account may use the Account or may choose instead to permit their child/ward of the registered user to use the Account but such child/ward must be at least 13 years old.
You shall not permit the use or access of the Services through your Account by your child/ward if they are below the age of 13 years old. You are liable for all activities conducted through your Account, whether or not authorized by you, including without limitation all purchases and in particular, parents or guardians are liable for all activities of their minor child conducted through the Account.
You shall not create an Account or use any Services if you have been convicted of any sex offence or any crime involving moral turpitude.
Any person whose Account or access through which has been suspended or terminated by us or any person who has been banned or removed from any Services may not access the Services in any manner or for any reason, including through any other Account, without our express written permission.
You shall not use or access of the Services which is not provided or downloaded directly from our Web Site, or any other third party’s platform without licensed by us.
(b) Account ID. At the time your Account is opened, you may be required to choose a name to identify yourself (your “Account ID”).
You shall not select as your Account ID a name which violates any third party’s trademark right, copyright, or other proprietary right, or which may mislead others to believe you to be an employee of ours, or which we deem in our sole discretion to be vulgar or otherwise offensive.
You shall not express, show, publish, announce any contents or act any activities which violates any third party’s trademark right, copyright, or other proprietary right, or which may mislead others to believe you to be an employee of ours, or which we deem in our sole discretion to be vulgar or otherwise offensive, through your Account or under your Account ID.
We reserve the right to delete, or to change, or terminate or suspend access through, any vulgar or otherwise offensive Account ID.
You are solely liable for all activities conducted through your Account or under your Account ID.
(c) Account. You agree that you do not own or have any property interest in the Account, 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 Services, Software, other services, 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 Services, Software, other services, servers and Accounts are comprised of, are properties of ours and/or our licensors and/or any relevant third party platform. All rights in and to the Services, characters, the Free Game Resource and Premium Game Resource, Software, other services, servers and Accounts shall inure to our benefit. We reserve all rights to maintain, manage, consolidate, switch, migrate, terminate, dispose, alter and administer our servers and the data of the Services for the provision of the Services as we may deem fit in our sole discretion without any liability to you whatsoever.
(d) Character Name. In order to use the Services, you may be required to create a character for certain Services and choose a name for your character to identify your character to other Users (your “Character Name”). You may not select as your Character Name, a name that:
(ii) may mislead others to believe you to be an employee of ours,
(iii) is or may be illegal or protected by trade mark, copyright, or other proprietary right, or cause confusion;
(iv)may be rude, humiliating, defamatory, vulgar, hurtful, threatening, abusive, obscene, libelous, hateful, offensive or racially, ethnically or otherwise objectionable including any name that is sexual in nature;
(v) comprises of invalid characters or special characters or phrases or sentences or gibberish; or
(vi) we otherwise deem, in our sole discretion, inappropriate, regardless of our software’s ability to disallow such names.
You agree not to use any misspellings, alternative spellings or other actions in an attempt to circumvent the foregoing restrictions.
We reserve the right to delete, remove, change or alter any Character Name that we deem to be inappropriate, in our sole discretion at any time.
(e)Pledge Names, Pledge Titles, House Signs, Individual Titles, NPC Names. While accessing the Services, it may be possible to name your pledge, grant titles to individual Users, grant a title to your own character, name NPCs, or name a guild. The restrictions and other provisions regarding Character names (as described in sub-clause (d)) apply similarly to such names and titles that you choose or grant.
(f) Passwords and Security. 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, or use your Account, Account ID or password on any other platform without licensed by us. 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 Web Site.
You agree to (a) notify us immediately if you are aware or reasonably suspect of any unauthorized use of your Account or password, and (b) ensure that you exit from your Account at the end of each session.
(g) Registration Obligations. You agree to provide true, accurate, current and complete information about yourself as prompted by our registration form or if you access the Services through third party services, you represent and warrant that to the best of your knowledge true, accurate, current and complete personal information about yourself is and/or will be shared with us by such third party to pre-populate our registration form (“Registration Data”). You agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If any information provided to us 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/or access through such Account and refuse any and all current or future use of the Service.
(h) Terminated Accounts. Any person whose Account or access through which has been suspended or terminated by us may not access the Services in any manner or for any reason, including through any other Account, without our express written permission.
You do not need to pay any access fee to us to use the Services unless you want to pay the Premium Fee for permission to use the premium app resource, where you will be given access to more goals and/or challenges and/or the ability to invite additional users to challenges and any additional features included and rolled out as part of the premium level offering. The Premium Fee paid by you will provide you the access to use the premium app features available at the point of purchase for an unlimited time period, after which, we may, in our sole direction at any time, choose to charge additional fees for new features rolled out after the point of purchase and/or terminate the Services under this Agreement. As long as we continue to provide the Services to the public, we will not expire your access to Premium App Features, unless you violate any term of this Agreement.
For any Account found to pay through the Unauthorized Channels, we reserve the right to reduce, suspend, alter, delete or terminate the Account, or its data; we also have the right to identify it as a fraud, in our sole discretion.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the app and the Service.
If you have any questions about these Terms and Conditions, You can contact us: