YOU MUST BE AT LEAST 18 YEARS OLD TO AGREE TO AND ACCEPT THIS AGREEMENT. IF YOU ARE BELOW 18 YEARS OF AGE, PARENTAL CONSENT IS REQUIRED FOR YOUR PARTICIPATION IN THIS SERVICE.
This Terms and Conditions ("Agreement") is made between INFOCOMM ASIA HOLDINGS PTE LTD ("Company") and any person (collectively "you" or "your") who completes the registration process to open and maintain an account with the Company for the multiple game Services ("Services"). As part of the Services, the Company maintains a family of multiple sites on the World Wide Web ("Web Sites").
BY CLICKING THE "I ACCEPT" BUTTON OR SUCH EQUIVALENT BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICES, YOU EXPRESSLY UNDERSTAND, AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE OR UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICES.
This document compromises the entire agreement between the Company and you regarding the Services. The Company may revise this agreement at any time, and such revision shall be effective seven (7) days after posting of the revised Agreement on the Web Site. You agree to review the Agreement on the Web Site periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership as provided in Section 10 of the Agreement. Your continued use of the Services seven (7) days after posting of a revised Agreement on the Web Site will mean that you accept all such revision.
Account ID: When you register for the Services, you will become a Member of the Services and an account will be created for you (your "Account"). The term "Member" in this Agreement refers to any person or entity, including you that have registered for the Services, has entered into this Agreement with the Company and is authorized by the Company to use the Services. Upon your registration as a Member of the Services, you must choose a name to identify yourself to other Members and Services staff when you use the Services ("Account ID"). You may not select as your Account ID a name which violates any third party's trademark right, copyright, or other proprietary right, or which the Company deems in its discretion to be vulgar or otherwise offensive. You agree to submit information which is true, up-to-date and accurate and not to submit a registration containing forged, fraudulent, false or misleading information. Registrations may be subject to verification. The Company reserves the right to delete any Account ID, including those Account IDs which contain vulgar or otherwise offensive elements. You are entirely liable for all activities conducted through your Account and the Account ID registered to your Account.
Password: Upon your registration for the Services, you will 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 any password or from use by any person of your password to gain access to your Account ID. At no time should you respond to an online request for a password. The Company's employees will never ask for your password online. You acknowledge that although the Services may offer a feature that allows you to "remember" your password and thereby bypass the password protection, this feature makes it possible for third parties to access your Account ID. Use of this password feature will be at your own risk. It is strongly discouraged.
3. Charges for Service
Current fees for using the Services are published on the Web Site. The Company may change its fees and billing methods at any time effective thirty (30) days after notice of the changes are posted on the Web Site. All changes will be posted on the Web Site and you are responsible for reviewing the Web Site to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your use of the Membership as provided in Section 10. Your continued use of the Services thirty (30) days after posting of the changes on the Web Site will mean you accept such change. YOUR MEMBERSHIP FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. If your use of the Services is subject to use or sales tax, then the Company may also charge you for any such taxes, which will be in addition to the rates and charges published in the Web Site. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
Payment by Credit Card: If you pay for the Services by a credit card, you represent to the Company that you are the authorized user of the credit card to pay Services charges. Each month you use the Services, you agree and reaffirm that the Company is authorized to charge your credit card. You agree to promptly notify the Company of any changes to your credit card.
4. Code of Conduct
You agree to abide by the Code of Conduct set forth below. The Company may amend the Code of Conduct at any time. The Company reserves the right to terminate your account if it determines in its sole discretion that you have engaged in or suspected of any impermissible conduct whether or not such conduct violates the Code of Conduct. You acknowledge, however, that the Company does not pre-screen contents or communications over the Services.
You may not create or use any Game I.D. that may be confused with the Game I.D's which may be created and/or used by the Company for the purpose of efficient operation, customer support, test or review of the Services. This include, but not limited to, Game I.D's STARTING WITH GE, FO2, CSO, SSL, FL2, Granado Espada, Fifa Online 2, Counter Strike Online, SuperStar Live, FairyLand 2, GM, Admin, Forum Admin, Facebook Admin, Website Admin, System Admin, Server Admin, Game Admin, Moderator, Mod, GAME MASTER, Staffs, GC, GAME COUNSELOR, JUNIOR GC, SENIOR GC, TEST, TESTER, REVIEW, or REVIEWER.
You may not harass, threaten or embarrass other players, including but not limited to targeting another player or group of players to harm or inconvenience them.
You may not use any offensive or sexually explicit language.
You may not use any defamatory, obscene, harmful, threatening, unlawful, abusive, harassing, hateful, racially or ethnically offensive language.
You may not enter into game-play practices that cause disruption of game-play for other players, or adversely affect game performance.
You may not sell, buy or trade characters or items. Any advertising regarding trading of characters or items on message boards may be deleted without notification. The company is not responsible for any problems caused by illegal trading, selling or buying of characters or items.
You may not impersonate any employee of the Company or customer support representatives.
You may not violate any local, state, national or international law or regulation.
You may not modify any part of the Services or Web Site of the Company that the Company does not specifically authorize you to modify.
You may not arrange for the exchange of, market or advertise anything including any pirated or illegal software on the Services or through the Web Site of the Company, or use the Services or Web Site of the company for any other illegal purpose.
You may not organize nor be a member of any groups that are based on, or espouse, any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate-mongering philosophy.
You will not upload or transmit on the Services or the Web Site of the Company any copyrighted content that you do not own all right to, unless you have the express written permission of the author or copyright holder.
You may not give false information or intentionally hide any information when registering with the Services.
You may not use the Services or the Web Site of the Company for any activities other than activities permitted within the Services.
You may not post or communicate personal information of any player and nor do anything that may hurt privacy of other players in the Services or the Web Site of the Company.
You should not share your account information with others as, you as the account owner, are wholly responsible for the actions of characters created under your account.
You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers.
You will not exploit any bug or glitches in games and you will not communicate the existence of any such exploitable bug (bugs that grant the user unnatural or unintended game benefits) or glitches, either directly or through public posting.
You will not create, use or provide any utilities, emulators or other software tools related to games that grant the user unnatural or unintended game benefits.
The rest of the applied Game Policies could be found at http://support.iahgames.com/Site/Default.aspx on the respective game product
You understand that you have NO EXPECTATION OF PRIVACY regarding the communications made by you in the Services and that all communications made by, or received from, you may be monitored by the Company or its Customer Support people.
6. Parental Guidance
Parents may find that some content within the Services is inappropriate for teenage players. While the Company may choose to monitor and take action upon inappropriate game-play, chat or links to the Services, it is possible that at any time there may be language or other material accessible on or through the Services that may be inappropriate for children or offensive to some users of any age. While the company has established Code of Conduct & Game Policy for players accessing the Services, the Company cannot ensure that other players will not provide content or access to content that parents or guardians find inappropriate or that any user may find objectionable. The Company does not as a matter of policy prescreen the content of the materials or communications transmitted by each player.
7. Disclaimer of Warranties
THE SERVICES IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES. COMPANY MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR CHARACTERS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICES INTERRUPTIONS CAUSED BY THE COMPANY OR YOUR OR ANY OTHER MEMBER'S OWN ERRORS AND/OR OMMISSIONS.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THIS AGREEMENT.
You agree to indemnify, hold harmless and defend the Company, its shareholders, partners, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use of the Services, including any data or work transmitted or received by you; (c) any libelous, slanderous, indecent or other statement concerning any person made or republished by you; and (d) any breach of this Agreement by you, regardless of whether such claims, damages, liabilities, costs and expenses arise as a result of the Company's actions or inaction.
10. Terms and Termination
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. You may terminate your Account at any time without further obligation to the other. Further, the Company reserves the right to terminate all or any portion of the Services at any time without further obligation to you.
IF THE SERVICES OR YOUR ACCOUNT IS TERMINATED OR CANCELLED FOR ANY REASON, NO REFUND OF ANY FEES OR EXCHANGE WILL BE GRANTED. NO PRORATION OF FEES IS AVAILABLE TO YOU UPON TERMINATION OF THE SERVICES OR YOUR ACCOUNT FOR ANY REASON. UPON TERMINATION OF THE SERVICES OR YOUR ACCOUNT, YOUR ACCESS PRIVILIGES TO THE SERVICES WILL BE TERMINATED AND YOU WILL FORFEIT ANY UNUSED GAME CURRENCIES, GAME ITEMS, CASH ITEMS, ITEM CODES, CASH POINTS, iCREDITS, MILEAGE POINTS THAT YOU PURCHASED OR RECEIVED PRIOR TO TERMINATION.
11. Member Lists
The Company, from time to time, may make its Member list available to select companies that offer products and/or information that the Company believes might be of interest to its Members. If you do not want your name released to these companies, please contact our Customer Service Helpdesk via ticketing or email to firstname.lastname@example.org to indicate your preference.
No Partnership - The relationship between the parties shall not constitute a partnership. Neither party has the power or the right to bind, commit or pledge the credit of the other party.
Assignment - You shall not assign or transfer all or part of its rights and/or obligations under the Agreement without the prior consent in writing of the Company (such consent not to be unreasonably withheld). The parties hereby agree that the Company shall be entitled to assign or transfer all or part of its rights and/ or obligations under the Agreement to any one of its Associated Companies without your consent upon the Company giving a written notice to you.
Non-Waiver - No failure or delay in exercising on the part of either party any right, power or privilege under the Agreement shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or any other right, power or privilege.
Severability - In the event that any of the provisions of the Agreement shall be determined invalid, void or unenforceable, such provision shall be deemed to be deleted from the Agreement and the remaining provisions of the Agreement shall continue in full force and effect.
Entire Agreement - The Agreement shall supersede any representations and previous agreements between the Company and you, in relation to the matters dealt with herein and represent the entire understanding between the parties in relation thereto.
Survival - All terms of the Agreement, which by their nature extend beyond termination of the Agreement, remain in effect until fulfilled and apply to respective successors and assigns.
Force Majeure - In the event that either party is prevented from performing, or is unable to perform, any of its obligations under the Agreement due to any unforeseen cause beyond the reasonable control of the party invoking this provision including but not limited to Acts of God such as floods, earthquakes and fires, riots and strikes (excluding riots and strikes by the employees of either party), war and acts of government, the affected party's performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence. If the force majeure event continues for a period of one (1) week, either party shall be entitled to terminate this Agreement upon one (1) day's prior written notice to the other party.