Wizard Games International Technology Co., Limited Terms of Service
Wizard Games International Technology Co., Limited (“Wizard Games International Technology Co., Limited ”, “we” or “us,” and “our” to be construed accordingly) provides this website www.facebook.com/games/missiononfire/?fbs=-1&preview=1&locale=en_US (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. It is important that you read carefully and understand the terms and conditions of this Agreement.
We reserve the right to:
•Change the terms and conditions of this Agreement if we are required to do so due to a change of the applicable laws and regulations, due to a change in the contracts with our third party providers (e.g. payment system and software providers) or in order to preserve the integrity of our systems and the Service;
•Change the Service, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content or data on or feature of the Service or the hours that the Service is available for the same reasons;
•Change the equipment, hardware or software required to use and access the Service. Any changes we make will be effective after a reasonable time span as set forth in the notice of such changes. We will provide the notice by posting on the Site and/or e-mail to the address which you have provided while registering to the Services. Your continued use of the Site or Service after such notice and an appropriate time span as set forth in the notice will be deemed acceptance of such changes.
Table of Contents
1. Electronic Communications
2. The Materials
3. Limited License and Right to Use the Materials
4. Service Registration
5. Virtual Currency/Site Items
6. Virtual Currency Transfers/Transactions
7. Your Responsibilities
8. Intellectual Property Rights and Copyrights
9. Sweepstakes / Tournaments / Competitions
10. Limited Liability
11. Indemnification
12. Termination and Discontinuation
13. Miscellaneous
1. Electronic Communications When you visit www.facebook.com/games/missiononfire/?fbs=-1&preview=1&locale=en_US or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. The Materials The information and materials provided on or through the Websites and/or Services, including without limitation, Virtual Currency, Site Items, and any other data, text, pictures, graphics, audio, video, icons, games, software, and upgrades for use in games or on or through the Websites and/or the Services (including any new levels, characters, and in-game items), links, and other content, features and services available on or through the Websites and/or the Services (collectively, the “Materials”), excluding Submissions, are intended to educate and inform you about us and our business and provide you with access to the Services.
3. Limited License and Right to Use the Materials The Websites and Services are provided for your enjoyment, and unless otherwise specified on or in the Websites or Services, solely for your own personal use. Wizard Games International Technology Co., Limited hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Websites and Services for your own non-commercial entertainment purposes, subject to your complete compliance with the Terms and any and all other terms and policies set forth on or in the Websites or Services, including without limitation on Third Party Platforms, Wizard Games International Technology Co., Limited reserves the right to revoke your right to use the Website or the Services at any time as further set forth in Section 11 herein. You acknowledge that the time that you spend on or using the Websites and/or Services including without limitation on any Third Party Platforms, is solely for your personal entertainment purposes, and that no monetary value can be attributed to such time and that, but for the license granted herein, you are not entitled under the law to use or have access to the Websites or Services and/or the Materials. Except as expressly provided herein, Wizard Games International Technology Co., Limited does not grant you any other express or implied rights or license in or to the Materials, Services and/or the Websites, and all right, title and interest that Wizard Games International Technology Co., Limited has in the Materials and/or the Websites rights not explicitly granted to you by Wizard Games International Technology Co., Limited or its licensors are retained by Wizard Games International Technology Co., Limited or its licensors, respectively. Except as expressly set forth in the Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, Materials without Wizard Games International Technology Co., Limited ’s or its licensors’ express prior written permission. This includes, but is not limited to scraping user locations, power levels, or utilizing any non public information about game play or other users and migrating that data anywhere.
4. Service Registration
4.1 Acceptance of Agreement
(1) In order to access and use the Service for any purpose, you must first sign up for an account ("Account") with us. Prior to completing the signup process for your Account, you will be required to indicate that you accept all of the terms and conditions of this Agreement and our Privacy Policy. If you do not agree to the terms and conditions of this Agreement and the Privacy Policy, you will not be able to sign up for an Account and you cannot use the Service.
(2) By signing up for an Account, you represent and warrant that you are a “natural person” who is over the age of eighteen (18) years old (or over the age of majority in the country where you are a citizen) or whose legal guardian has granted their consent to use the Service and that you and/or your legal guardian agree to all of the terms and conditions of this Agreement and the Privacy Policy.
(3) Your Account may be used only by you, except that if you are a guardian. 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 Game Rules and Policies, notices and/or agreements.
4.2 Registration Process
(1) Once you register your Account, you will be required to provide us with certain information about yourself, including, without limitation your email address, name and birthday.
(2) We will also ask you to pick a security question and answer (or security questions and answers) and may collect your IP address and computer’s hardware and operating system specifications. The information you provide to us and that we collect will be used by us for a variety of internal purposes, including without limitation, to verify your ownership of and to maintain your Account, to ensure that your Account is unique, to deal with security, debugging and technical support issues, for billing and payment-related issues and to protect ourselves and others from abuse.
(3) All of the information you provide to us or that we collect from you will be governed by the terms and conditions of this Agreement and our Privacy Policy, which is hereby incorporated by reference.
(4) You agree at all times to (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Service and, in our sole discretion, to report you to the appropriate government authorities.
4.3. Username / Password
You acknowledge that you shall be responsible for ensuring that any user name you select does not infringe any third party rights or is otherwise unlawful. Wizard Games International Technology Co., Limited may refuse to grant you a username in its sole discretion for any reason including if it impersonates or misleadingly implies an association with the persona of another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by us in our sole discretion. Your selection and use of a specific username does not convey any ownership or rights in that username and Wizard Games International Technology Co., Limited reserves the right to revoke and/or reassign that username in its sole discretion. You understand and agree that Wizard Games International Technology Co., Limited reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in Wizard Games International Technology Co., Limited ’s sole discretion. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF VIRTUAL CURRENCY, SITE ITEMS, OR SERVICES ON OR THROUGH THE WEBSITES OR THIRD PARTY PLATFORMS, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU. You agree not to transfer or resell or otherwise convey your Account or the right to use your Account or rights therein to anyone. If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password and (ii) immediately notify us of the problem by e-mailing us at business@wizardgame.cn with the subject line: “Username Password Security Issues”).
5. Virtual Currency / Site Items You acknowledge that the Websites and/or Services may include a component of fictional credits or currency sometimes called “Points” (collectively, “Virtual Currency”). The Virtual Currency may be used exclusively within the Websites to gain access to and certain limited rights to use virtual items for use exclusively within the Websites and Services (“Site Items”). Regardless of the terminology used, Virtual Currency represents a limited license right governed solely under these Terms, and is not redeemable for any sum of money or monetary value from Wizard Games International Technology Co., Limited or any other person or entity at any time. Virtual Currency provided by Wizard Games International Technology Co., Limited includes only a limited license right to use Virtual Currency. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use Virtual Currency on and in the Websites or Services including in or for any games, applications or other services provided or offered on or through the Websites and/or Third Party Platforms, and you agree that you have no right, title or ownership in or to any such Virtual Currency. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY AND SITE ITEMS HAVE NO CASH VALUE AND THAT NEITHER Wizard Games International Technology Co., Limited NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR VIRTUAL CURRENCY OR SITE ITEMS FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, REAL CURRENCY, AND THAT, IF YOUR ACCOUNT IS TERMINATED, SUSPENDED OR OTHERWISE MODIFIED OR IF YOUR RIGHT TO ACCESS THE WEBSITES AND/OR SERVICES IS TERMINATED, THE VIRTUAL CURRENCY, SITE ITEMS AND YOUR ACCOUNT SHALL HAVE NO VALUE.
Wizard Games International Technology Co., Limited reserves the right to charge fees for the right to access or use Virtual Currency or Site Items, and/or may distribute Virtual Currency or Site Items without charge, in its sole discretion. For example, Wizard Games International Technology Co., Limited may, as a promotion or benefit of membership, provide users with a certain amount of Virtual Currency or a certain Site Item based upon the completion of an activity, such as signing up a certain number of users. You acknowledge and agree that Wizard Games International Technology Co., Limited may revise or take action that impacts the perceived value of or pricing for any Virtual Currency, Site Items and/or any Services at any time except as may be stated in writing. Virtual Currency and Site Items will not expire and will not incur fees for non-use.
All purchases of Virtual Currency and Site Items are final and under no circumstances will be refundable, transferable or exchangeable. By purchasing Virtual Currency and Site Items (e.g. clicking or tapping the relevant purchase button), you are confirming that you want the Virtual Currency and/or Site Item immediately credited to your Account and that by doing so you lose any cancellation rights under applicable laws and/or any national laws implementing it.
Wizard Games International Technology Co., Limited has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Site Items as it sees fit in its sole discretion, and Wizard Games International Technology Co., Limited shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Currency and Site Items will be lost, deleted from your Account, or forfeited when/if your account is terminated, suspended or closed for any reason or when Wizard Games International Technology Co., Limited discontinues any or all of the Websites or Services, including without limitation any Services provided or offered through Third Party Platforms.
Wizard Games International Technology Co., Limited reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency in your Account. Wizard Games International Technology Co., Limited further reserves the right, in its sole discretion, to determine the number of Virtual Currency that are credited and debited from your Account in connection with your use of the Websites (including any games, applications or services provided or offered on the Websites or through Third Party Platforms), entry into Promotions, and/or purchase of Site Items. While Wizard Games International Technology Co., Limited strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that Wizard Games International Technology Co., Limited ’s determination of the amount of Virtual Currency in your Account is final, unless you can provide documentation to Wizard Games International Technology Co., Limited that such calculation was or is intentionally incorrect.
6. Virtual Currency Transfers/Transactions
Any unauthorized transferring, trading, selling or exchanging of any Virtual Currency, Site Items, or Accounts (“Unauthorized Transactions”) to anyone, including among other users of the Websites or Services is not sanctioned by Wizard Games International Technology Co., Limited and is strictly forbidden. All users who participate in such activities do so at their own risk and hereby agree to indemnify Wizard Games International Technology Co., Limited against any and all consequences resulting from such actions. You acknowledge that Wizard Games International Technology Co., Limited may stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud, violations of the Terms, violations of any other applicable law or regulation, or any intentional act designed to interfere at all with the normal operation of the Websites or Services. You further agree that Wizard Games International Technology Co., Limited may, in its sole discretion, reverse any transaction that is in its best interest, or may debit your balance of Virtual Currency, including without limitation, taking actions, which may cause your balance to be zero and/or a negative amount. Wizard Games International Technology Co., Limited may, in its sole discretion, terminate, suspend, or modify your Account if you engage or assist in any Unauthorized Transaction. Verification of certain information applicable to a transaction involving Virtual Currency and/or Site Items may be required prior to Wizard Games International Technology Co., Limited ’s acceptance thereof. In addition, as a condition to receiving certain Virtual Currency, Site Items, or other awards for participating in Promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain biographical or other information about you in Wizard Games International Technology Co., Limited ’s marketing materials, including on the Websites and in the Services. You acknowledge and agree that Wizard Games International Technology Co., Limited shall have no liability for the use or loss of such information, Virtual Currency and/or Site Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party or other user’s activity. Wizard Games International Technology Co., Limited may replace such lost Virtual Currency and/or Site Items under certain circumstances, at its sole discretion on a case-by-case basis, without incurring any obligation or liability. You may be required to provide Wizard Games International Technology Co., Limited or its designated agent with your credit card number or other billing information, and related information, in order to purchase Virtual Currency or Site Items. You may also have the option of participating in third party offers to receive Virtual Currency. Wizard Games International Technology Co., Limited is not responsible or liable to you for any credit card or bank-related charges and fees related to your transactions on the Websites, on or through Third Party Platforms, or for your participation in any third party offers. All such transactions are administered by a third party payment processor and/or store. Wizard Games International Technology Co., Limited expressly disclaims any liability for any such transactions, and you agree that your sole avenue of recourse regarding such transactions is through such third party processor and/or store. You acknowledge and agree: (a) that any credit card transaction-related information will be treated by Wizard Games International Technology Co., Limited as described in the Wizard Games International Technology Co., Limited Privacy Policy and, as applicable, in the privacy policy of the third-party payment processor(s) or stores used by Wizard Games International Technology Co., Limited on or through the Websites or Third Party Platforms, (b) that all credit card and other payment related information that you provide to Wizard Games International Technology Co., Limited, its designated payment processor or store, or a third party providing offers, is accurate, current and complete; (c) that you will pay any and all charges incurred by you or any authorized user of your payment method resulting from your purchase at the rate(s) in effect when such charges are incurred; and (d) that you are responsible for any and all federal, state and local taxes relating to or arising from your purchase.
7. Your Responsibilities
While using the Websites and/or Services, you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our reasonable discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Service. We further reserve the right to determine what conduct is outside the “spirit” of the Service and games provided therein. While using the Service, you agree not to:
• Restrict or inhibit any other individual from using the Service, including, without limitation, by means of “hacking” or defacing any portion of the Service;
• Interfere with or disable any security-related features of the Websites or Services, or any part thereof, including any Services available on or through any Third Party Platforms;
• 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 (including celebrities), indicate that you are an Wizard Games International Technology Co., Limited employee, representative of Wizard Games International Technology Co., Limited (including a GM) or attempt to mislead users by indicating that you represent Wizard Games International Technology Co., Limited or any of Wizard Games International Technology Co., Limited ’s partners or affiliates;
• 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, defects, date bombs, time bombs or other items of a destructive nature; (iv) any material, non-public information about companies without the authorization to do so; (v) any trade secret of any third party; or (vi) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Use the Websites and/or Services in any manner that violates any applicable laws or regulations or is prohibited by these Terms;
• “Stalk”, harass, threaten, or defraud other Wizard Games International Technology Co., Limited users or any members of Wizard Games International Technology Co., Limited staff, including by bullying, griefing, shouting, flooding, using excessively large images so that the screen goes by too fast to read, or by hitting the return key repeatedly;
• Access another user’s account without permission; • Share Wizard Games International Technology Co., Limited passwords with a third party; • Make offers, advertisements or proposals for goods, services, or other commercial activities outside of Wizard Games International Technology Co., Limited ;
• Send, post, transmit or make available any content, information or Submissions that are subject to intellectual property protection, including, copyright trademark, trade secret or patent rights, or otherwise subject to third party property rights, including rights of privacy and publicity, unless you are the owner of such rights or have permission from the owner of such rights to do so and to grant Wizard Games International Technology Co., Limited all the license rights necessary to transmit or maintain such content, information or Submissions;
• Misrepresent the source, identity, or content of information sent, posted, transmitted or made available via the Websites, the Services or a Third Party Platform, (such as claiming a created work as your own that is not actually yours);
• Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Websites or Materials, including any Services available on or through the Site or Third Party Platforms;
• Use, develop, or distribute any robot (or “bot”), spider, unauthorized script, unauthorized scraper or offline reader, or any other cheat, exploit, mod, bot, hack or the like, or any unauthorized third-party software designed to modify or interfere with or provide automated access to or use of the Websites and/or Services;
• Frame or mirror any part of the Websites and/or Services without Wizard Games International Technology Co., Limited ’s written permission;
• Buy, sell or trade Site Items or user accounts for non-Wizard Games International Technology Co., Limited items (including cash) or vice versa;
• Make improper use of Wizard Games International Technology Co., Limited ’s support services, including by submitting false abuse reports;
• Imply or state that any statements you make are endorsed by Wizard Games International Technology Co., Limited without Wizard Games International Technology Co., Limited ’s prior written consent;
• Assist, permit or encourage any party in engaging in any of the activities described in the above listing; While using the Websites and/or Services, you agree to comply with these and all Standards, as well as all applicable laws, rules and regulations, Wizard Games International Technology Co., Limited has the sole discretion to delete, suspend, terminate or close your user Account, with or without prior notification to you, for any violation of these Terms, including any of the standards.
8. Intellectual Property Rights and Copyrights
8.1 Wizard Games International Technology Co., Limited or its respective licensor is the exclusive owner or exclusive owner of the rights of all contents of the respective games. The content is protected by national and international law and particularly by copyright. The unauthorized dissemination, copying, deletion or any other violation of intellectual property rights and copyrights of Wizard Games International Technology Co., Limited are prosecuted under both civil and criminal law.
8.2 Within the framework of the use of the games, Wizard Games International Technology Co., Limited provides in part software to the User (e.g. the client). Wizard Games International Technology Co., Limited grants the User the non-exclusive right limited to the period of use of the games for this software within the framework of a non-commercial use on the User's respective terminal device. The User may only copy this software for the purpose of backup and archiving for personal purposes, unless Wizard Games International Technology Co., Limited permits the User explicitly the passing on of the software. The User agrees to retain the information about the intellectual property, which is marked on the software, also on copies of the software or in this software and to comply with all laws applicable to the use of the software.
8.3 The User is not permitted to copy the game or the software in whole or in part (with the exception of any necessary backup copy) or to disseminate, to sell, auction, rent, lease, modify, or develop derived works, to edit, translate, execute, exhibit, sub-license or generally transfer the game or the software. The User is not permitted to copy the game or the software for a fee or make it accessible to third parties for a fee and to lease or rent the game or the software or the rights thereof to third parties against payment of a fee or to transfer it in any other form to third parties for a fee or modify, translate, apply reverse engineering, to decompile or disassemble or to develop any other works derived on the basis of the game or software.
8.4 Wizard Games International Technology Co., Limited and/or its suppliers and licensors retain the rights on the intellectual property of all contents of the games - with the exception of the contents uploaded by the User - as well as any other intellectual property rights on the game or software.
8.5 Any remaining agreements on further licensing provisions for the game or software, which the User potentially accepts prior to using the games, shall remain unaffected by the above-referenced provisions.
8.6 The User shall retain all rights on the contents provided by the User. By providing contents in the games, the User grants Wizard Games International Technology Co., Limited a non-exclusive, free license to publish worldwide these contents in games and make these contents accessible to third parties. This non-exclusive free license can be revoked by User at any time Wizard Games International Technology Co., Limited will only edit any contents provided by the User to the extent and if technical reasons require it for the error-free rendition in the games. Wizard Games International Technology Co., Limited does not have any further rights of use on the contents provided by User. The User can remove his/her contents at any time. This license expires once the User deletes the contents from the games. Wizard Games International Technology Co., Limited is not obliged to provide any means for deletion. The terms and conditions of the social network have priority in social games. Wizard Games International Technology Co., Limited has no influence on social networks.
9. Sweepstakes / Tournaments / Competitions
With reference to the games, Wizard Games International Technology Co., Limited can hold competitions, tournaments or sweepstakes. Wizard Games International Technology Co., Limited does not guarantee the Users any prizes. Users are not entitled to receive the prize in cash unless such entitlement is expressly specified in these Terms of Use. Therefore, any claims to payout of winnings are only valid if such prizes were expressly offered by Wizard Games International Technology Co., Limited. In addition, there will not be such claim even if Wizard Games International Technology Co., Limited finds that the possible claim for the prize could have been created based on manipulation - technical or legal in nature and/or based on generally criminally relevant manipulation. By participating in games of Wizard Games International Technology Co., Limited, the User allows Wizard Games International Technology Co., Limited to demand at any time a comprehensive examination with regard to the eligibility of the prize claim and in the meantime to refuse payout of the prize without the User's separate consent. The claims are forfeited as well if the User does not comply with the rules of conduct. If in doubt, the User has the burden of proof, the User must demonstrate that he/she complied with the rules of the games. The User knows of his/her burden of proof and acknowledges it expressly even it is potentially not required by law.
10. Limited Liability
EXEPT THE CASE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT, 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 NEXON CASH), 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR REMEDY FOR DISSATISFACTION WITH THE SERVICE, OR ANY PART THEREOF, IS TO STOP USING THE SERVICE. 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 GREATER OF TWENTY EUROS OR THE TOTAL AMOUNT OF REMAINING UNUSED NEXON CASH ON YOUR ACCOUNT. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS. WE WILL CO-OPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER REQUESTING OR DIRECTING US TO DISCLOSE THE IDENTITY OF OR LOCATE ANYONE FOR THE PREVENTION OR DETECTION OF CRIME OR THE APPREHENSION OR PROSECUTION OF OFFENDERS. YOU HEREBY ACKNOWLEDGE THAT THERE MAY BE OTHER CIRCUMSTANCES IN WHICH WE MAY BE REQUIRED BY LAW TO DISCLOSE INFORMATION ABOUT YOU OR YOUR USE OF THE SITE AND/OR THE SERVICE.
11. Indemnification
As a condition of your access to and use of the Service and/or Site, you agree to indemnify, defend and hold the Company, our parents, affiliates, subsidiaries, independent contractors, licensors, suppliers, advertisers, partners, sublicenses and sponsors, and our and their directors, officers, employees, consultants, agents, attorneys and other representatives, harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (i) your access to and use of the Service and/or Site and the content therein, including, without limitation, any allegations that any content you submit or transmit while using the Service infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property rights, privacy or publicity rights or other rights of any third person or party; (ii) your violation of this Agreement, the Privacy Policy, the Game Rules and Policies, any applicable law or the rights of any other person; (iii) any dispute you have or claim to have with one or more users of the Service and/or Site; (iv) the Company’s resolution (if any) of any dispute you have or claim to have with one or more users of the Service and/or Site; and (v) your improper authorization for the Company to collect, use or disclose any data or content provided by you.
12. Termination and Discontinuation
12.1 The agreements between User and Wizard Games International Technology Co., Limited (e.g. use agreement of the account, use agreement for individual games) are concluded for an unspecified time unless otherwise agreed in writing. 12.2 Both Parties have the right to terminate the agreements by giving an advance notice of seven working days unless otherwise agreed in writing. 12.3 Any potential subscription agreement is concluded for the period specified in the list of services for which the User opted at the time of the conclusion of the subscription agreement. The respective term renews itself automatically by the original term if the User does not terminate the agreement no later than five workdays prior to the end of the term. The subscription must be terminated through the account management tool on the respective game website or through direct contact with customer service. 12.4 If the User terminates the subscription, then Wizard Games International Technology Co., Limited will not pay back any fees already paid and it does not pay out in real money any virtual credit balances credited to the User's account subject to any constellation regulated in these Terms of Service. 12.5 The right of the Parties to terminate the use agreement at any time for a significant reason effective immediately remains unaffected by the above-referenced provisions. In particular, Wizard Games International Technology Co., Limited can terminate this agreement for any significant reason, if (1). the User violates culpably the laws, these Terms of Use, the game rules and/or use rules for virtual currencies or premium features and the User continues to act in the same or similar manner despite warning letter; (2). the User has not utilized his/her account for three months despite reminder; (3). third parties (e.g. social network operators), through the registration function of which the User gains access to his/her account at Wizard Games International Technology Co., Limited, requests Wizard Games International Technology Co., Limited to delete the user data and/or to undertake any comparable actions; (4). third parties (e.g. social network operators), through the registration function of which the User gains access to his/her account at Wizard Games International Technology Co., Limited, limit Wizard Games International Technology Co., Limited' access to data. 12.6 Termination effective immediately is permissible in case of serious violations without the need for any advance-warning letter. 12.7 A serious violation is any violation which makes it unreasonable for Wizard Games International Technology Co., Limited to keep to the agreement. 12.8 In the following cases, it is unreasonable for Wizard Games International Technology Co., Limited to maintain the agreement: (1). if the User violates the criminal code; (2). if the User uses the account or a game in an impermissible manner; (3). if the User provides false information during registration or during payment of chargeable services; 12.9 If the User is responsible for the extraordinary termination, then the User is not permitted to create a new account if his/her account was blocked unless he/she has the express prior written permission of Wizard Games International Technology Co., Limited. In this case, the User is not permitted to register for any game to which access was denied to him/her without the express prior written permission of Wizard Games International Technology Co., Limited. If Wizard Games International Technology Co., Limited finds that this ban was violated, then Wizard Games International Technology Co., Limited has the right to block this account or game registration permanently without prior announcement. 12.10 If Wizard Games International Technology Co., Limited is responsible for the extraordinary termination and the User still has virtual currency in his/her account, then Wizard Games International Technology Co., Limited will credit the User the virtual currency to a game offered by Wizard Games International Technology Co., Limited and chosen by the User. Any repayment in cash is excluded unless the credit for another game of Wizard Games International Technology Co., Limited is in an exceptional case unreasonable for the User, e.g. because no equivalent or similar game is offered. In this case, Wizard Games International Technology Co., Limited will reimburse the User the full value of any virtual currency the User paid and which is still in his/her account. Further claims of the User are excluded unless otherwise specified in these Terms of Use. 12.11 Every termination must be in written form, whereby the written form is maintained by e-mail. Upon request, the reasons for extraordinary termination must be disclosed immediately in writing if the termination notice did not specify them already. Any standard termination notice does not require specification of the termination reasons.
13. Miscellaneous 13.1 If one Party delays, waives or fails to enforce his/her rights within the framework of these Terms of Use or the Party grants deadlines to the other Party, then the Party does not hinder the applicability of the respective right. 13.2 The User is not entitled to assign to third parties his/her rights under this contractual relationship. Something else applies only if Wizard Games International Technology Co., Limited provides its prior consent in writing. Wizard Games International Technology Co., Limited is entitled to transfer to a third party any rights and duties under this contractual relationship. The User can terminate the use of the games effective immediately upon such transfer. Any virtual currency at the time in the User’s account will be reimbursed. 13.3 In the event that the User takes legal action, suit must be filed before a Russian court. 13.4 The agreements concluded based on these Terms of Use and therefore any claims in connection therewith are construed and governed exclusively by the law of the Russian Federation. 13.5 If individual provisions of these Terms of Use are or become ineffective, it does not affect the effectiveness of the remaining provisions. 13.6 Any changes or amendments to the use agreement and any side-agreements must be specified in writing. The same shall apply to the change of the written form requirement. The written form requirements do not apply to any changes to these Terms of Use. 13.7 WHEN THE GAME IS RUNNING, Wizard Games International Technology Co., Limited MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF ANY Wizard Games International Technology Co., Limited AGREEMENT.
China, 07.11.2016
An offer of: Wizard Games International Technology Co., Limited.