Alawar® Terms of Service
ATTENTION, NOTICE TO USER: THIS IS AN AGREEMENT GOVERNING YOUR RELATIONSHIP WITH ALAWAR ENTERTAINMENT, INC. AND ITS AFFILIATES (“ALAWAR”) AND USE OF SERVICES (AS SUCH TERM DEFINED BELOW) AVAILABLE ONhttp://playstation.alawar.com (“WEBSITE”) AND ALAWAR’S DOMAINS INCLUDED WITHIN THIS WEBSITE. USING THIS WEBSITE AND/OR SERVICES INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS OF SERVICE”), DO NOT USE THIS WEBSITE AND/OR SERVICE.
PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE, AS SUCH ACTIONS ARE A SYMBOL OF YOUR SIGNATURE AND BY CLICKING ON THE “I ACCEPT THE AGREEMENT” AND “NEXT” BUTTONS, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS TERMS OF SERVICE AND AGREE THAT THEISE TERMS OF SERVICE ARE ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TERMS OF SERVICE, CLICK THE “CANCEL” BUTTON AND YOU WILL NOT BECOME A PARTY TO THESE TERMS OF SERVICE..
Acceptance of Terms of Service
Alawar makes this Website including all information, graphics, documents, text, products and all other elements of the Website and all products offered on this Website and Service operated through the Website (“Service”), available for your use subject to the terms and conditions set forth in this document. You may play Alawar games and use related Services available on the Website in conjunction with use of various third party devices such as PlayStation®3, PlayStation®Vita (“Device”). By accessing and using this Website, use of any Alawar’s Service, downloading any products, or browsing the Website, you agree to be bound by the following Terms of Service and all terms and conditions contained and/or referenced herein or any additional terms and conditions this Website refers to and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Service, you should NOT use this Website and/or Service. If you do not agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Website, then you should NOT use the part of the Website, which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions.
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 use and/or create an account in connection with the Website 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 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.
f. You shall use your Account only for non-commercial purposes;
g. 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;
h. You shall not use your Account to engage in any illegal conduct; and
i. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items (as defined below) associated with your Account to anyone without Alawar’s written permission;
j. 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 Alawar’s consent.
Alawar reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time These Terms of Service may be amended by Alawar upon notice given by one or more of the following means: through the Website at or after you login to your Account, by the email communication to the address provided by you when you setup your Account, or by written mail communication to the address on record for your Account. Failure to provide or maintain accurate or current contact information by you will not avail you from responsibility to comply with these Terms of Service as amended from time to time. Please check the Terms of Service published on this Website regularly to ensure that you are aware of all terms governing your use of this Website. In addition, specific terms and conditions may apply to specific content, products, materials, Service or information contained on or available through this Website (the ”Content“) or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Service, such specific terms will supersede these Terms of Service.
Alawar reserves the right to terminate or restrict your access to the Website for any reason whatsoever at its sole discretion.
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 Alawar 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.
Alawar 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 Website, Alawar assumes no responsibility therefore. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” ALAWAR 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 WEBSITE OR THE CONTENT. ALAWAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. ALAWAR DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY ALAWAR ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except agreed by Alawar in writing, contractors, agents, dealers or distributors of Alawar or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
The Website may contain references to specific Alawar products 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 ALAWAR 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 WEBSITE OR THE CONTENT, PRODUCTS, SERVICE, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEVIED, 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 WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF ALAWAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST ALAWAR PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO ALAWAR 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.
Any use of the Service in violation of these Terms of Service is strictly prohibited and can result in the immediate termination of the Service and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY ALAWAR GAME OR THE WEBSITE IS A VIOLATION OF ALAWAR POLICY AND MAY BE A VIOLATION OF APPLICABLE LAWS.
You agree that you will not, under any circumstances:
a. Engage in any act that Alawar deems in its reasonable discretion to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms of Service, our game rules, game mechanics or policies;
b. Make improper use of Alawar’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 Alawar 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 Alawar game experience;
f. Without Alawar’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, Website or any Alawar game environment (each a ”Server”); or (2) the enjoyment of the Service or any Alawar 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 Alawar, 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 Alawar 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;
p. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Service;
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 Alawar game characters, elements, or environment. Alawar 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 Alawar 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 Alawar;
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 Alawar; or
x. Copy, modify or distribute rights or content from any Website or game, or Alawar’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service;
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 Alawar’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”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
The term of this Term of Service (“Term”) shall begin when you start using this Website and/or Service and shall continue in perpetuity unless otherwise terminated by Alawar by written notice. Alawar expressly reserves the right to change, suspend or discontinue all the Service or portion thereof, at any time, and may terminate your use of the Service at any time. Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using the Service, Website, Content and other intellectual property.
WITHOUT LIMITING ANY OTHER REMEDIES, ALAWAR MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR ALAWAR REASONABLY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THIS TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA/AVATAR AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND ALAWAR IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
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.
Alawar 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 Alawar’s grossly negligent or willful acts, Alawar 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.
YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO ALAWAR IN CONNECTION WITH this Website and/or SERVICE IS TRUE AND ACCURATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THE TERMS OF SERVICE; (iii) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS; AND (v) YOUR MATERIALS, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT (“User Materials”) THAT YOU MAKE AVAILABLE TO ALAWAR OR OTHER END USERS OF THE WEBSITE AND THAT IS NOT PROVIDED BY ALAWAR, OR WEBSITE DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
This Website may provide links to other websites that are not under the control of Alawar. Alawar shall not be responsible in any way for the content of such other websites. Alawar provides such links only as a convenience to the user of this Website, and the inclusion of any link to any such websites does not imply endorsement by Alawar of the content of such websites.
Third Party Materials
In order to use this Website and/or Service, you may need to obtain and/or use certain Devices, third-party products, services and/or materials (“Third Party Materials”). Third Party Materials are (i) not licensed hereunder; (ii) not under Alawar’s control or license; and (iii) subject to the applicable licenses and respective terms and conditions of such third parties which you need to enter into prior or subsequent to the installation and/or use of the Third Party Materials and prior to the effective use of this Website and/or Service. The list of such Third Party Materials may be provided by Alawar upon written request. Notwithstanding any provision to the contrary herein, nothing in these Terms of Service shall be construed as to grant You any rights or licenses with regard to such Third Party Materials or to entitle You to use such 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 Website and/or Content (including but not limited to software, Service, audio, video, text and photographs) rests with Alawar and/or its licensors Alawar and/or its licensors are the sole and exclusive owners thereof. All rights in the Website 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 Website and/or Content, its products or Service except as expressly authorized herein. Except as otherwise provided, the Content published on this Website 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 Alawar is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
Alawar 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. Alawar 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 Alawar’s Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying Alawar and its affiliates that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Website, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Claims of copyright infringement on its Website can be reached as follows:
Attention: Legal Department
Address: 901 N. Pitt Street, Suite #325, Alexandria, VA 22314, USA
Software and Service
Certain software of Alawar and its licensors made available for downloading from or through this Website (the “Software”) is licensed subject to the terms of the applicable license agreements, if any. Both the Software and any accompanying documentation made available through this Website is the copyrighted work of Alawar or its licensors, as applicable. Except as set forth in the applicable license agreement, the Software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. You must agree to the terms of the applicable license agreement to download or order Software, products or Service from this Website.
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 Website, Software, 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 right to use this Website and, as applicable, of the license for Software and Service and may result in criminal and/or civil prosecution.
WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE AND SERVICE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. ALAWAR 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, Alawar makes no warranty that: the Service and Software will meet your requirements; the Service and Software 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 Software purchased or accessible by you through the Website will meet your expectations; any errors in the Software obtained from or used through the Website, or any defects in the Website, its Service or products, will be corrected.
Virtual Items and Virtual Currency
You understand that while at times you may “earn” ”buy” or “purchase” (a) virtual currency, including but not limited to virtual coins, currency, cash, tokens, or points, all for use in the Service; or (b) virtual in-game items (together, “Virtual Items”); these real world terms are only being used as a shorthand descriptions of virtual items and shall have no cash value. You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency, any property or their equivalent Alawar is the owner, licensee or a holder of necessary rights to use all of the content that appears in the Service and/or Software. 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 and/or Software, including without limitation the Virtual Items appearing or originating in any Software, whether “earned” in a game or “purchased” from Alawar, or any other attributes associated with an Account or stored on the Service.
Alawar 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 Alawar 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 Alawar’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
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. Alawar keeps records of transactions in order to deal with any subsequent queries.. You may also obtain a license to use Virtual Items by redeeming Alawar game cards or third party virtual currency, such as Facebook Credits. Third party virtual currency that you purchased or otherwise obtained are subject to respective party terms and conditions and Alawar 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 Alawar when Alawar 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 Alawar games is a service provided by Alawar that commences upon acceptance by Alawar 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 Alawar 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 Alawar, 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 Alawar, your right of withdrawal is lost as the performance of our services begins promptly once your purchase transaction is completed.
User Materials will be treated as non-confidential and non-proprietary, and immediately become the property of Alawar, subject to any privacy policies posted on this Website. Alawar 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.
You may not use this Website for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of this Website. You may not use this Website in any manner that could damage, disable, overburden, or impair this Website and/or Service, or that interferes with any other party’s use and enjoyment of this Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Alawar to all users of this Website. You agree that you will not use any third-party software that intercepts, “mines,” or otherwise collects information from or through the Website and/or Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Alawar to all users of this Website and/or Service. You shall not institute, assist, or become involved in an attack upon any Alawar server or otherwise attempt to disrupt the Alawar servers. ANY ATTEMPT BY YOU TO DAMAGE ALAWAR SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF ALAWAR IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, ALAWAR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Alawar games. Alawar reserves the right, but has no obligation, to become involved in any way with these disputes.
You hereby agree to indemnify and hold harmless Alawar, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service, including without limitation infringement by User Materials of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy.
If you have a dispute with one or more users, you release Alawar (and Alawar’s and its respective affiliates’ officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code §1542, which states:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Linking to the Website is permitted provided that you comply with these rules. You may link to the home page of the Website or to any other page of this Website. However you are not allowed to use in-line linking or framing. You must not imply that Alawar endorses or sponsors the linker or its website, products or Service. You must not use Alawar’s intellectual property including but not limited to trademarks, trade name, copyright without permission from Alawar. Furthermore, you agree to remove the link at any time upon our request.
These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA without regard to its principles of conflict of laws. You agree to the exclusive jurisdiction of the courts of the Commonwealth of Virginia, USA for any claim or cause of action arising out of, or relating to or in connection with these Terms of Service or this Website, provided that such exclusivity does not apply to legal actions initiated or brought by Alawar.
Alawar does not bear any responsibility nor assumes any risks if by any reason a product or a Service made available on this Website breaches national law of any state. Those who access this Website do so on their own initiative and are responsible for compliance with their national laws.