1. Legal Agreement
These Terms constitute a legal agreement between you and PWE. Your using this Website or otherwise accessing or downloading any of our Games, shall constitute your agreement to accept and be bound by the terms and conditions appearing in these Terms, and your agreement to comply with any Rules of Conduct posted on the Website or otherwise provided to you by PWE (the "Rules of Conduct") and any end-user license agreement ("EULA") applicable to our Game software or other software that we may provide in connection with the Service (the "Software"), as they may be amended from time to time. If you do not agree with any of these Terms, please do not access or otherwise use the PWE Website and our Games. In this Agreement, the terms "We/us/our" mean Perfect World Entertainment, Inc. "You/your" means you as a user of the Website or any of our Games.
You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by the Website under the laws of the United States or other applicable jurisdiction. You understand that the services being offered may include certain communications from PWE, such as service announcements, administrative messages or other information, and that these communications constitute part of the Service being offered by the Website and you may not have the right to opt out of receiving them.
Your use of the Website and the Service is subject at all times to these Terms, the Rules of Conduct, and any applicable EULA. All user identities created on the Website are governed by these Terms. This includes, but is not limited to, proper in-game and out-of-game conduct relating to the Game. This Agreement is in addition to, and does not in any way replace or supplant, any EULA or any additional terms and conditions that may apply when you use or purchase certain other PWE products, services, affiliate services, third-party content or third-party software.
2. Changes to terms
PWE may amend these Terms, the Rules of Conduct, and any EULA at any time in our sole discretion. Amendments and modifications will be effective immediately after publishing them on the Website or otherwise providing you a copy thereof, and you waive any right you may have to receive specific notice of such changes or modifications.. You agree to and are responsible for checking this Agreement, the Rules of Conduct and any EULA periodically so you will be familiar with their contents as they may be amended or modified from time to time. By continuing to use any portion of the Service, you are signifying your acceptance of any revised or updated terms. . If you do not agree to the amended terms, you must stop using the Service.
PWE provides free-to-play, multi-player online Games to registered users and related features, functions and services available through the Website, such as community forums and other interactive areas. To access our Games, you may be required to download and install certain client software, and such access entails the use of hardware, software and Internet access (which you acknowledge play a crucial role in your user experience). You agree that PWE is not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. PWE does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.
4. Propreitary Rights
PWE is the owner of the Website, the Games, the Software and the Service, which are protected by US and international law including copyright laws. All rights and title in and to the Website, the Game, the Software and the Service, all features and content thereof (including without limitation any user accounts, titles, computer code, files, game software, client and server software, tools, patches, updates, themes, objects, characters, character names, stories, storylines, objects, content, text, dialogue, catch phrases, themes, locations, concepts, artwork, designs, graphics, pictures, video, animation, sounds, music, musical, compositions, sound recordings, audio-visual effects, information, data, documentation, , "applets", chat transcripts, character profile information, game play, and recordings ) and the selection and arrangement thereof (collectively the "Proprietary Materials") are the proprietary property of PWE or its licensors and are protected by U.S. and international copyright and other proprietary rights laws. In the event that you make any modifications, adaptations or derivative works of any kind to the Proprietary Materials (the "Modifications"), whether authorized or unauthorized, you understand and agree that you shall retain no rights of any kind in and to such Modifications and that all rights therein shall belong solely to PWE. You hereby assign and transfer to PWE, without any compensation, any and all rights you may have in and to such Modifications.
You may be required to create an account (an "Account") to access our Games and certain features and functions or our Service. You must be 13 years of age or older to create an Account. If you are 13 or over, but are under the age of 18, we require that you review these Terms with your parents or guardian to ensure they read and agree to them. If you are the parent of guardian of a user of our website and you have questions about this website or these terms, please contact us at email@example.com.
By creating an Account or otherwise using the Service, you represent that you are at least age 18 and agree to these Terms, or that you are over 13 years of age and your parents or legal guardian have read and agreed to these Terms, and you understand and agree that we are relying upon that representation in allowing you to use the Service. Only one person may use an Account.
Notwithstanding the above, certain portions of our Website and some of our games may contain mature contents not suitable for anyone younger than 18 years of age. We will require that you confirm that you are 18 years of age or older to access such content. If you enter any portion of the Website which is intended for or is marked for mature audiences only, you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to access such content. We shall not be responsible in any way for your failure to accurately confirm your age per the terms hereunder.
When creating an Account and a user identity ("User ID") you agree to (i) provide true, accurate, current and complete information as requested in the required fields (the "Account Information") and (ii) promptly maintain and update such User ID and your Account Information to keep it true, accurate, current and complete.
You, as creator of your Account and User ID, are solely responsible for your User ID . PWE will not tolerate offensive or obscene User IDs. If a User ID violates any part of these terms, we may immediately, temporarily, or permanently ban such a User ID, with or without notice.
PWE is not responsible for any misuse of your Account or your User ID, you agree to accept all risks of unauthorized access to your Account and to hold PWE and its affiliates harmless from and against any improper use of your Account or your User ID, including, but not limited to, improper use by someone to whom you revealed your password.
Please note that, you are responsible for maintaining the confidentiality and security of your User ID and password, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are solely responsible for all activities and transactions that occur under your Account, and PWE is not responsible for any unauthorized use of your account, including without limitation in the event that your password is stolen or revealed to a third party. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security in relation to the Website, the Service or our Games known to you. PWE provides you with choice to change your password in order to safeguard your Account.
Your Account may be deactivated if you do not use your Account within twelve months after the date that it was created or for any continuous period of twelve months after creation. If you do not use your Account for twelve or more months, it may be removed and deleted by the Website administrator at their sole discretion. We will endeavor to use reasonable efforts to notify you by e-mail before we delete your Account, unless we are deleting your User ID for a violation of these terms or discontinuation of the Service. However, we will not be liable in any manner for any failure to give notice. If you advise us within five days of the notice that you want to keep your Account active, we will not delete it. If you do not so notify us, your Account may be permanently deleted, along with your User ID, records, ranks and service information. Please note that regardless of any notice, PWE reserves the right to discontinue the Service or to terminate or suspend your account at any time in its sole discretion for any reason, or for no reason.
7. Game Updates
When we update or “patch” any of our Games, we may utilize a patch routine to verify whether the most recent version of the Game is installed on your computer. If not, the most recent version may automatically be uploaded to your computer, and you hereby consent to, and waive any further notice of, such upload.
You understand and agree that when you communicate with other players within a game or utilize any interactive features available on the Website, such as instant messaging, forums or chat rooms, such communications and postings are transmitted through our servers, and we may, but are not obligated to, monitor all such communications and postings, including those that are designated as “private.” You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.
Subject to these Terms and any applicable EULA, PWE grants to you, for your noncommercial and personal use only, a limited, non-exclusive, revocable, nontransferable and nonsublicensable license to access and use the Service and the Proprietary Materials
Except as expressly permitted in these Terms or in the applicable EULA, such license does not include, and you agree not to engage in, any: (a) resale, sublicense, lending or commercial use of the Services or the Proprietary Materials therein; (b) distribution, public performance or public display of any Proprietary Materials except in connection with game play in the ordinary course, (d) modifying, adapting, altering, enhancing, or otherwise making any derivative uses of any Games, game content or other Proprietary Materials, or any portion thereof ; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Proprietary Materials or any information contained therein, except as expressly permitted on the Site; (g) reverse engineer or decompile the Proprietary Materials, or otherwise attempt to derive source code from the Games or other software included in the Proprietary Materials; or (h) any use of the Services or the Proprietary Materials other than for its intended purpose. Any use of the Service or the Proprietary Materials other than as specifically authorized herein, without the prior written permission of PWE is strictly prohibited and will, at PWE's option, terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to or rights in intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time with or without cause.
10. User Content
The Service may include discussion forums, chat rooms, user feedback, messaging features, comments and other interactive areas or services (“Interactive Areas”) in which you or other users create, post, send or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on or through the Website (the "User Content"). User Content posted to the Website is publicly available and not confidential and will become the sole property of PWE. PWE strongly recommends that you not publish any personal information about yourself or others on or through the Website. In consideration of your use of the Service, you hereby transfer and assign to PWE all right, title and interest in and to the User Content you create, post, store or transmit on or through the Website, including all intellectual property rights therein, and PWE shall be entitled to the unrestricted use, dissemination and other exploitation of such User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You are solely responsible for the User Content you post and for your use of such Interactive Areas.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- (a) User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- (b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law,
- (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content
- (d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- (e) Unsolicited promotions, political campaigning, advertising or solicitations;
- (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- (g) Viruses, corrupted data or other harmful, disruptive or destructive files; and
- (h) User Content that violates the Rules of Conduct or that, in the sole judgment of PWE, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose PWE or its users to any harm or liability of any type.
PWE takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is PWE liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, PWE is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although PWE has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, PWE reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms or the Rules of Conduct and will not violate any rights of or cause injury to any person or entity. You shall be solely liable for all royalties, fees, damages and any other monies resulting from any infringement of such right or any other harm resulting from any User Content you provide
11. User Conduct
You must observe these Terms, all Rules of Conduct, all applicable laws and all basic rules of etiquette and common courtesy when using the Website and the Service. Any conduct that violates the law in an offline, real world community is also a violation of these terms. PWE will not tolerate any illegal or offensive conduct.
Without limiting the foregoing, in addition to the User Content rules set forth in Section 10 above, you agree not to take any of the following actions:
- (a) Harm minors in any way;
- (b) Impersonate any person or entity, including any PWE officials, forum leaders, guides, hosts, employees or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- (c) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmitted through the Website;
- (d) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
- (e) Interfere with or disrupt the Service, the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- (f) "Stalk," threaten or otherwise harass or cause discomfort to another;
- (g) Collect, store, post or otherwise disseminate any personal data about other users;
- (h) Impede or disrupt the Service or the normal flow of game play or dialogue in the game or in Interactive Areas on the Site or use vulgar language, abusiveness, use of excessive shouting (ALL CAPS) "spamming" or any other disruptive or detrimental methods in an attempt to disturb other users or PWE employees;
- (i) Engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or the Rules of Conduct;
- (j) Engage in any actions that defraud or attempt to defraud, scam or cheat others out of any items that have been earned through authorized game play;
- (k) Cheat or utilize unauthorized exploits in connection with the Games or the Service;
- (l) Using or exploiting any bugs, errors, or design flaws to obtain unauthorized access to the Service or to gain an unfair advantage over other players,
- (m) trade, sell, auction or otherwise transfer any virtual items or goods of any nature outside the game; and/or
- (n) Take any action that disrupts the Service or that negatively affects or may prohibit other users from enjoying the Website, the Games or any other aspect of the Service.
PWE may take any actions and impose any penalties we deem necessary to discourage and punish any violation of these terms or any other illegal or inappropriate conduct, all without prior notice or warning. The determination as to whether a violation has occurred and who is responsible for such act is solely within PWE's discretion, and is based on what we deem best for the community and the Website. By using the Website, you agree you will be bound by PWE's determination as to whether a violation has occurred and any penalty we choose to implement.
You are granted a limited, non-exclusive right to create a text hyperlink to the Website for noncommercial purposes, provided such link does not portray PWE or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a PWE logo or other proprietary graphic of PWE to link to this Website without the express written permission of PWE. Further, you may not use, frame or utilize framing techniques to enclose any PWE trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without PWE's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of PWE or any third party.
PWE makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Website, or Web sites linking to the Website. Such sites are not under the control of PWE and PWE is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. PWE provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by PWE of any site or any information contained therein. When you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
13. Third Party Content
PWE may provide or make available third party content on the Website or through the Service and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. PWE does not monitor or have any control over any Third Party Content or third party Web sites. PWE does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. PWE does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
14. Advertisements and promotions; Third-party products and Services
PWE may run advertisements and promotions from third parties on the Website or may otherwise provide information about or links to third-party products or services on the Website. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. PWE is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-PWE advertisers or third party information on the Website.
15. Official Service and Beta Testing
The games are designed for play only as offered through our Services at the Website. You agree not to access, create or provide any other means through which the game may be played by others, such as through server emulators. You agree not to use any hardware or software, including but not limited to third party tools, or any other method of support which may in any way influence or give you an advantage in the use of the Services which is not authorized by PWE, including but not limited to the use of ‘bots’ and/or any other method by which the Service may be played automatically without human input. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the games, except that you may use the Software to the extent expressly permitted by these Terms and the applicable EULA. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You do not have ownership of and may not sell, transfer, trade or auction any Accounts, characters, items, coin, Zen or Proprietary Materials, nor may you assist others in doing so, except as expressly authorized by PWE. PWE does not recognize any transfers occurring outside of the Service of anything related to the Service.
You may be given the opportunity to Beta test new games ("Beta Games") and Website features. Your participation as a Beta tester is subject to the terms and conditions below.
You acknowledge that the you are using a preliminary, preview edition of the Websites features and the Beta Games and that you are participating in a beta test thereof (the "Beta Test"), and that the Beta Games site Website features may contain bugs, may not operate properly or perform all intended functions, may interfere with the functioning of other software applications, and may cause errors, data loss or other problems. Closed Beta Tests are confidential, and you agree to that all information about the Beta Games, the Services and the Beta Test, including without limitation any comments, ideas or other feedback (collectively the "Feedback") you provide to PWE regarding the Beta Games, the Services or the Beta Test, shall be treated as confidential (the "Confidential Information"). You agree not to use the Confidential Information in any manner, except for your personal use for the sole purpose of testing the Beta Games and Website features, and you agree to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person. You further agree to take all steps reasonably necessary to protect the secrecy of the Confidential Information and to prevent the Confidential Information from falling into the public domain or into the possession of unauthorized persons. All Confidential Information shall remain the sole property of PWE, and PWE may use such Confidential Information for any purpose without any obligation to you. You will carry out the testing personally and not provide access to Beta Games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to PWE, and PWE is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the Beta Games confidential will continue until PWE publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
As a Beta tester, you are invited to play Beta Games for the sole purpose of evaluating the games and identifying errors. Nothing in these Terms, or on this Website, shall be construed as granting you any rights or privileges of any kind with respect to the Beta Games or content that you find here. The Beta Games are provided for testing on an "as is", "as available" basis and we make no warranty to you of any kind, express or implied. You understand and agree that playing Beta Games is at your own risk, that you know that the Beta Games may include known or unknown bugs, and that PWE has no obligations to you with respect to Beta Games, including without limitation any obligation to provide such games to you in the future at no charge.
When playing some Beta Games, you may accumulate treasure, experience points, equipment, or other value or status indicators within the Beta test. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.
PWE may charge fees to access and acquire certain game items or participate in game activities on the Website and may allow the purchase of in game "points" that may be applied to the purchase of in game items or activities ("Zen") ANY APPLICABLE ZEN, FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NON REFUNDABLE AND NONTRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. ZEN HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. PWE may, from time to time, modify, amend, or supplement its fees, billing methods and terms applicable to Zen or to any purchases on the Website, and post those changes in these Terms, in separate Terms of Sale or in other terms or agreements posted on the Website or otherwise provided to you by PWE. Such modifications, amendments, supplements or Terms of Sale shall be effective immediately upon posting on the Website and shall be incorporated by reference into these Terms. If any change is unacceptable to you, you may cancel your account at any time.
If you claim a chargeback for any reason, we have the right to investigate and dispute such chargeback. If we believe that your chargeback requirement is spurious, unreasonable, or invalid, we may take the dispute to court. If your chargeback is deemed invalid, you agree to pay for all fees and costs resulting from the disputed chargeback, including but is not limited to legal fees and expenses, damages, monies lost due to non-operation, and chargeback fees.
You may pay for any applicable fees and charges or for Zen by major credit card, PayPal® or other such methods authorized by PWE.
17. Interruption of Service
- (a) PWE reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that PWE will not be liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever.
- (b) You acknowledge that the Service may be interrupted for reasons beyond the control of PWE, and PWE cannot guarantee that you will be able to access the Services or your Account whenever you may wish to do so. PWE shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.
- (c) PWE has the right at any time with or without reason to change and/or eliminate any aspect(s) of the Services as it sees fit in its sole discretion.
- (d) PWE is not be obligated to refund all or any portion of any Account fee (if any), by reason of any interruption of the Services by reason of any of the circumstances described in paragraph (a) or (b).
18. Disciplinary Action/Account Termination
PWE MAY SUSPEND, TERMINATE, MODIFY, BLOCK ACCESS TO OR DELETE THE SERVICE OR ANY ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE.
PWE may at its option issue warnings and temporary suspensions and permanent terminations of Accounts for user violations. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under the absolute discretion of PWE. Not withstanding the foregoing, PWE always retains the right to terminate or suspend your account at any time for any reason, or for no reason, with or without any warnings and with or without notice..
For the avoidance of doubt, you herby acknowledge that PWE has sole discretion with respect to termination of your Account, even if there are credits remaining on your Account. If you feel you or your Account has been unfairly warned or disciplined please contact us with a full detailed explanation.
You have the right to terminate or cancel your Account at any time by delivering notice to PWE. You understand and agree that the cancellation of your User Id is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or PWE’s enforcement or application of this Agreement; (ii) the User Contents; (iii) your ability to access and/or use the Service or the Website; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You may cancel your Account by delivering notice to PWE. PWE reserves the right to collect accrued fees and charges and costs incurred by PWE before you cancellation. In addition, you are responsible for any fees, charges and costs incurred to third-party vendors or content providers before your cancellation. In the event your Account is terminated or canceled for any reason, or for no reason, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account. Any delinquent or unpaid accounts or accounts with unresolved disputes must be settled before PWE may allow you to register again.
You agree to defend, indemnify and hold harmless PWE, its independent contractors, service providers and consultants, and their respective directors, employees, agents, partners, affiliates, and subsidiaries, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Website, your conduct, your violations of these Terms, any misuse of the Service, or your violation of the rights of any third party.
You hereby acknowledge and agree that:
- (a) WHEN USING THE SERVICES, THE SOFTWARE MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE SOFTWARE. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY “ADD-ON” OR “MOD,” THAT IN PWE’S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE SOFTWARE INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY PWE; OR (iii) INTERCEPTS, “MINES,” OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE SOFTWARE. IN THE EVENT THAT THE SOFTWARE DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, IT MAY COMMUNICATE INFORMATION BACK TO PWE, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR AND PERFECT WORLD ENTERTAINMNET MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS SECTION OF THE AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
- (b) PWE MAY MONITOR OR RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE GAME OR THE SERVICE AND YOU CONSENT TO SUCH MONITORING OR RECORDING.
- (c) You may not hold PWE responsible for any loss resulting from your use of the Service or any in-game trading activities. You may not hold PWE responsible for any information that is passed between players. PWE does not guarantee the safe keeping of information that is passed between players and will not be held responsible for any resulting losses or consequences arising from the improper use of said information. You may not hold PWE responsible for any in-game feature or item loss. PWE does not guarantee the availability of any in-game items, any Services or any levels to players.
21. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- (a) THE SERVICE, THE GAMES, THE WEBSITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PWE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, THE GAME AND THE WEBSITE, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. PWE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, THE GAMES, THE WEBSITE OR THE MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE. PWE ALSO DOES NOT REPRESENT OR WARRANT THAT THE GAMES, THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- (b) PWE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- (c) WHILE PWE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, PWE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- (d) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE OR THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
- (e) REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY PWE
22. Limitation of Liability
IN NO EVENT SHALL PWE, ITS DIRECTORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, THE GAMES OR ANY OF THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM PWE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PWE'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PWE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, THE WEBSITE OR ANY OF THE GAMES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PWE FOR ACCESS TO OR USE THEREOF. Some states do not allow the foregoing limitations of liability, so they may not apply to you and in such a case you agree that PWE’s (or any such other released parties) liability to you shall be limited to the maximum extent permitted by law. You agree that PWE cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Services.
23. Repeat infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, PWE has adopted a policy of terminating, in appropriate circumstances and at PWE's sole discretion, subscribers or account holders who are deemed to be repeat infringers. PWE may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
24. Copyright Complaints
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Joon Kim
Full Address of Designated Agent to Which Notification Should be Sent:
101 Redwood Shores Parkway, Suite 400
Redwood City, CA 94065
Telephone Number of Designated Agent: 650-590-7700
Facsimile Number of Designated Agent: 650-591-1211
E-Mail Address of Designated Agent: firstname.lastname@example.org
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
This Agreement is governed by and shall be construed and enforced under the laws of the State of California, without applying any conflicts of law principles which would require application of the law of any other jurisdiction. PWE and you each hereby irrevocably consent to the jurisdiction of the courts of the State of California for all purposes in connection with any action or proceeding which arises out of or relates to this Agreement and agree that any action or proceeding instituted under this Agreement shall be brought only in the federal or state courts of San Mateo County, State of California.. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise permitted herein, you may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The section headings used herein are for reference only and shall not be read to have any legal effect.
Thank you again for visiting our Website. We hope you enjoy your stay and take full advantage of the online community we are developing. Please remember that you are a guest at the Website and act with the same courtesy and respect you expect from other guests. PWE always reserves the right to refuse or terminate service.