TERMS OF SERVICE
IMPORTANT - PLEASE READ CAREFULLY: THESE TERMS OF SERVICE ALONG WITH ANY POLICIES INCORPORATED HEREIN BY REFERENCE ("TERMS OF SERVICE" OR AGREEMENT"), ARE A LEGALLY BINDING AGREEMENT BETWEEN PLAYWITH INTERACTIVE, INC. ("PLAYWITH," THE "COMPANY" OR "WE") AND YOU AND SETS FORTH THE TERMS AND CONDITIONS ON WHICH YOU MAY ACCESS AND USE THE WEBSITE, WWW.PLAYWITHINTERACTIVE.COM AND ALL OTHER WEB SITES OWNED, OPERATED, LICENSED OR CONTROLLED BY PLAYWITH (THE "PLAYWITH SITES") AND ALL SERVICES (AS DEFINED BELOW) PROVIDED TO YOU THROUGH THE PLAYWITH SITES. SOME OF THE PLAYWITH SITES AND SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS THAT MUST BE READ IN CONJUNCTION WITH THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE PLAYWITH SITES AND SERVICES.
1. ACCEPTANCE OF TERMS
By opening, accessing, using, downloading or browsing the PLAYWITH Sites including all Services and content available on or through the PLAYWITH Sites, you consent to the Terms of Service. Any violation of the Terms of Service may result in an immediate termination or suspension of your Services. However, your acceptance of these Terms of Service does not entitle you to continued use of, or access to, the PLAYWITH Sites or Services and PLAYWITH reserves the right to deny, in its sole discretion, any user access to the PLAYWITH Sites or Services without notice for any or no reason. PLAYWITH may modify the Terms of Service from time to time, in its sole discretion, or may modify, suspend or discontinue, temporarily or permanently, the PLAYWITH Sites or Services or any part or feature thereof, with or without notice, and without liability to You. Modifications to these Terms of Service will be posted on the relevant area of the PLAYWITH Sites and will be effective immediately upon posting. You agree to review these Terms of Service from time to time to ensure you are updated as to any modifications. By continuing to use the PLAYWITH Sites and/ or Services following any such modifications, You accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE PLAYWITH SITES AND SERVICES.
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2. ELIGIBILITY
In order to use the PLAYWITH Sites and Services, You must be 18 years of age or over, or of the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the PLAYWITH Sites and Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Service on your behalf.
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3. DESCRIPTION OF SERVICES
PLAYWITH Sites offer a variety of games and related resources, including downloadable content, interaction forums and product information (collectively "Services"). The Services, including any software, software updates, enhancements and/ or new features are subject to these Terms of Service and any specific license agreements, rules, instructions or guidelines regarding a particular Service (as applicable, the "Service Agreement"). If there is any conflict between these Terms of Service and the applicable Service Agreement for a particular Service, PLAYWITH shall resolve the conflict in its sole discretion. You understand that games and system specifications necessary to play the games or access any other Services may evolve over time. Accordingly, PLAYWITH reserves the right to modify the system specifications necessary to play any game or access any other Services.
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4. OWNERSHIP
You acknowledge and agree that PLAYWITH is the sole and exclusive owner of all rights, interest and title in and to PLAYWITH Sites, Services and the entire content including, without limitation, computer software (in any format), user accounts, games, concepts, titles, stories, dialogue, catch phrases, characters, character names, character profile information, artwork, animations, sounds and musical compositions, audio-visual works, any related documentation, recordings of games played on the server software. The PLAYWITH Sites and the Services are protected by applicable intellectual property and other laws and international treaties. PLAYWITH may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the PLAYWITH Sites, Services and the content that are part of the PLAYWITH Sites. Except as expressly provided in these Terms of Service or the applicable Service Agreement, the availability of the PLAYWITH Sites and Services does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved by PLAYWITH.
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5. YOUR ACCOUNT
You are not required to register in order to access the PLAYWITH Sites. However, in order to use certain Services, you will have to register and create a unique, password-protected account ("Your Account"). To establish Your Account, you will be required to provide PLAYWITH with certain personal information. To the extent you are liable to pay any subscription fees for Services, your Account information may also include your financial information. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration process; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. PLAYWITH reserves the right to delete Your Account, without warning, if you are found to have misrepresented your age or any of the registration information submitted. You are responsible for maintaining the confidentiality of your password and login information. You must immediately notify PLAYWITH of any unauthorized use of your password or account, or any other breach of security. You will be solely responsible to PLAYWITH for actions under Your Account and password, whether authorized by You or not. .
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6. CHARGES, BILLING AND FREE TRIALS
Certain Services may be offered free of any charges or free of any charges for limited period of time. However, PLAYWITH may, at its sole discretion, charge subscription or other fees to access Services and participate in related activities on the PLAYWITH Sites. For the paid Services, your subscription fees are payable in advance and not refundable in whole or in part. Subscription fees shall be payable only by the payment methods allowed by PLAYWITH. As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family members or friends. PLAYWITH reserves the right to change fees or payment methods at any time. All changes will be posted on the applicable PLAYWITH Sites and you shall be responsible for reviewing such information to obtain timely notice of such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but PLAYWITH shall be under no obligation to refund any fees that may have been paid before cancellation of your subscription. If your use of any Service is subject to tax, then PLAYWITH may also charge you for any such taxes, in addition to the subscription fees. Some subscriptions renew automatically. If you do not want your subscription or membership to renew, you must unsubscribe before the applicable renewal date. Unless otherwise indicated, all prices are in U.S. dollars and do not include Internet service provider, telecommunications, or other connection charges for which you remain solely liable to your service-provider.
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7. SOFTWARE LICENSE
For any software authorized for download or online use in connection with a Service through the PLAYWITH Sites, PLAYWITH hereby grants to you a personal, non-exclusive, non-transferable, revocable, limited license to operate the Software solely for viewing and otherwise using the applicable Services for noncommercial and personal use. Such use shall be strictly in accordance with these Terms of Service and the Service Agreements and for no other purpose. All Software is owned by PLAYWITH and/or its licensors. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license. You may not modify, alter or create any derivative works of any Software. You may not reverse engineer, decompile or disassemble any Software, including any proprietary communications protocol used by such Software. PLAYWITH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
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8. YOUR CONTENT
Your Content means any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials that you upload, post, publish, display or make available on or through the PLAYWITH Sites. PLAYWITH License. You hereby grant PLAYWITH a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable and transferable right and license, with a right to sub-license, to use, reproduce, store, host, index, cache, distribute, publicly perform, publicly display, (each of the foregoing in any form, medium or technology now known or later developed), modify and adapt including without limitation the right to adapt for streaming, downloading, broadcasting, distribution, publicly displaying, publicly performing (each of the foregoing in any form, medium or technology now known or later developed), create derivative works from, and exercise all aforesaid rights with respect to such derivative works, and otherwise exploit in any manner, Your Content or any part thereof. You hereby expressly waive any and all so-called moral rights You may have in Your Content. As part of the Services, PLAYWITH may provide bulletin boards, blogs, instant messaging, wikis and the like for posting user feedback, comments or other input on the PLAYWITH Sites. PLAYWITH License. You understand and acknowledge that PLAYWITH may display Your Feedback on the PLAYWITH Sites and use it for any marketing and business activities. In addition, PLAYWITH may in its sole discretion decide not to use Your Feedback, delete it from the PLAYWITH Sites, and even edit Your Feedback for both content and format. You hereby expressly waive any and all so-called moral rights You may have in Your Feedback. Obscene Content You will not use the PLAYWITH Sites to display, distribute or make available any material that is sexual, pornographic, erotic, obscene, indecent or profane in its use of sexual language or description or depictions of sexual acts (hereinafter, "Obscene Content") nor upload, email, post, publish, distribute, transmit, submit or otherwise make available through the PLAYWITH Sites any Obscene Content. If PLAYWITH finds any content that it determines, in its sole discretion, contains Obscene Content, PLAYWITH may, without notice, remove or block access to such content and terminate Your Account. Infringing Content You agree that you may upload or otherwise transmit on or through the PLAYWITH Sites only Content that is not subject to any third-party rights, or Content in which any holder of rights has given express authorization for distribution on the PLAYWITH Sites. You will not use the PLAYWITH Sites for any purpose or in any manner that infringes the intellectual property rights of any third party. You will not upload, email, post, publish, distribute, transmit, submit or otherwise make available through the PLAYWITH Sites any content that infringes the intellectual property rights of any third party. If PLAYWITH finds content that it determines, in its sole discretion, contains infringing content, PLAYWITH may, without notice, remove or block access to such content and terminate Your Account. Monitoring Content PLAYWITH does not endorse or approve any third-party content published on the PLAYWITH Sites and neither assumes any responsibility nor liability for such content. PLAYWITH has the right, but not the obligation, to edit, refuse to post, or remove any content posted in any PLAYWITH Site. Without limiting the foregoing, PLAYWITH shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable. PLAYWITH representatives may monitor content on the PLAYWITH Sites or Services from time to time. However, it is impossible to monitor or prescreen all the third-party content on the PLAYWITH Sites. If you encounter any content that you consider violates these Terms of Services, you can report such content to the PLAYWITH Customer Services.
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9. RESTRICTIONS AND CONDITIONS OF USE
Your access and use of the PLAYWITH Sites and Services is expressly conditioned on your agreeing not to (and not allowing any third party to) use the PLAYWITH Sites and Services for any purpose that is not allowed (or expressly prohibited) by these Terms of Service or any of the Service Agreements or otherwise unlawful including, without limitation, not to:
(1) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any game assets, information, software, products or services obtained from the PLAYWITH Sites or Services;
(2) use your account(s) to use PLAYWITH Services primarily for the purposes of amassing an inventory of virtual items for real-world commercial gain;
(3) create or use cheats, bots, "mods", and/or hacks, or any other third-party software designed to modify the PLAYWITH Games or use any third-party software that intercepts, "mines", or otherwise collects information from or through the PLAYWITH Services;
(4) use the PLAYWITH Sites and/or Services in any manner that could damage, disable, overburden, or impair any PLAYWITH server, or the network(s) connected to any PLAYWITH server, or interfere with any third party's use and enjoyment of the PLAYWITH Sites and Services;
(5) attempt to gain unauthorized access to any part of PLAYWITH Sites, Services, third party accounts, computer systems or networks connected to any PLAYWITH server or obtain or attempt to obtain any materials or information through any means not intentionally made available;
(6) conduct or send surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages (commercial or otherwise);
(7) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of third parties;
(8) publish, post, upload, transmit, distribute or disseminate content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing; embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable;
(9) use, upload, transmit, distribute or otherwise make available any content in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
(10) upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computer;
(11) advertise or offer to sell or buy any goods or services for any purpose, unless the PLAYWITH Sites and/or Services specifically allow such messages;
(12) falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of PLAYWITH Sites, Services and other content.
(13) harvest or otherwise collect personal information about others, including e-mail addresses, or use such information to send unsolicited emails;
(14) violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the PLAYWITH Sites and Services;
(15) impersonate or create a false identity for the purpose of misleading others;
(16) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of PLAYWITH Sites and Services or other user or usage information or any portion thereof;
(17) attempt to get a password, other account information, or other private information from a member or any other user of PLAYWITH Sites and Services;
(18) disrupt the normal flow of dialogue in communication forums on the PLAYWITH Sites or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and services;
(21) use the PLAYWITH Sites and Services for fraudulent transactions or other commercial transactions not expressly permitted by these Terms of Service.
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10. WARRANTY DISCLAIMER
Your use of the PLAYWITH Sites and Services is at Your sole discretion and risk. The PLAYWITH Sites and Services and all content, materials and information included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. PLAYWITH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. USE OF THE PLAYWITH SITES AND/ OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. PLAYWITH ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE PLAYWITH SITES. PLAYWITH FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PLAYWITH SITES OR SERVICES; (II) REGARDING THE CONTENT, SERVICES, ADVICE, INFORMATION OR LINKS PROVIDED BY ANY THIRD PARTY ON OR THROUGH THE PLAYWITH SITES; (III) THAT THE PLAYWITH SITES AND SERVICES WILL MEET YOUR REQUIREMENTS; OR (IV) THAT THE PLAYWITH SITES AND SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLAYWITH SITES AND SERVICES OR FROM YOUR USE OF THE PLAYWITH SITES AND SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE OR SERVICE AGREEMENTS.
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11. LIMITATION OF LIABILITY
PLAYWITH WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLAYWITH SITES AND/ OR THE SERVICES, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE PLAYWITH SITES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT PLAYWITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLAYWITH'S LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PLAYWITH FOR THE APPLICABLE SERVICE DURING THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties.
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12. PRIVACY POLICY PLAYWITH's Privacy Policy located at http://www.playrohan.com/PrivacyPolicy.html, controls PLAYWITH's collection and use of your information, including your personally identifiable information which is incorporated herein by reference.
13. THIRD PARTY CONTENT
PLAYWITH Sites may provide links to third-party websites or resources and contain third-party advertisements. PLAYWITH has no control over such websites and resources and you acknowledge and agree that PLAYWITH is not responsible for the availability of such websites or resources. PLAYWITH does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that PLAYWITH shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to be caused by or in connection with the use of or inability to use (i) any websites or resources that PLAYWITH Sites provide links to or that provide links to the PLAYWITH Sites, or (ii) any content, goods, or services available on or through any such websites or resources. PLAYWITH takes no responsibility for third party advertisements which may be posted on the PLAYWITH Sites nor does it take any responsibility for the goods or services provided by such advertisers. Your dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through the PLAYWITH Sites and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.
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14. TERMINATION
You agree that PLAYWITH, in its sole discretion, may terminate your use of the PLAYWITH Sites and Services, for any reason, including, without limitation, if PLAYWITH believes that you have violated or acted inconsistently with these Terms of Service or any Service Agreement. You agree that any termination of your access to the PLAYWITH Sites and Services may be effected without prior notice, and acknowledge and agree that PLAYWITH may immediately deactivate or delete your password and user name and all related information and files associated with it and/or bar any further access to such files or the PLAYWITH Sites and Services. PLAYWITH shall not be liable to you or any third party for any termination of your access to the PLAYWITH Sites or Services.
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15. MISCELLANEOUS
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is excluded and does not apply to this Agreement. Dispute Resolution. Any dispute arising in connection with these Terms of Service shall be finally settled by arbitration. The arbitration shall be held in Orange County, California, U.S.A., and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association in Orange County, California. The arbitration shall be conducted in the English language, and judgment upon the award rendered may be entered in any court having jurisdiction. Each party shall bear its own expenses, but the arbitrator's fees and costs shall be borne equally between the parties participating in the arbitration. Assignment. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of PLAYWITH. Any attempted assignment in violation of this Section will be null and void and of no force or effect. PLAYWITH may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party's permitted successors and assigns. Waiver. The failure to require performance of any provision of these Terms of Services shall not affect PLAYWITH's right to require performance at any time thereafter, nor shall a waiver of any breach or default constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Severability. If any part of these Terms of Service is found to be unenforceable, such part will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms of Service will remain in full force and effect. TOP
R.O.H.A.N.: Blood Feud has no affiliation, connection or association with and are not endorsed or sponsored by The Saul Zaentz Company, New Line Cinema Corporation, Turbine, Inc, the estate of heirs of J.R.R. Tolkien, Harper Collins Publishers Ltd, or any of their respective affiliates or licensees.
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1. ACCEPTANCE OF TERMS
By opening, accessing, using, downloading or browsing the PLAYWITH Sites including all Services and content available on or through the PLAYWITH Sites, you consent to the Terms of Service. Any violation of the Terms of Service may result in an immediate termination or suspension of your Services. However, your acceptance of these Terms of Service does not entitle you to continued use of, or access to, the PLAYWITH Sites or Services and PLAYWITH reserves the right to deny, in its sole discretion, any user access to the PLAYWITH Sites or Services without notice for any or no reason. PLAYWITH may modify the Terms of Service from time to time, in its sole discretion, or may modify, suspend or discontinue, temporarily or permanently, the PLAYWITH Sites or Services or any part or feature thereof, with or without notice, and without liability to You. Modifications to these Terms of Service will be posted on the relevant area of the PLAYWITH Sites and will be effective immediately upon posting. You agree to review these Terms of Service from time to time to ensure you are updated as to any modifications. By continuing to use the PLAYWITH Sites and/ or Services following any such modifications, You accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE PLAYWITH SITES AND SERVICES.
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2. ELIGIBILITY
In order to use the PLAYWITH Sites and Services, You must be 18 years of age or over, or of the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the PLAYWITH Sites and Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Service on your behalf.
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3. DESCRIPTION OF SERVICES
PLAYWITH Sites offer a variety of games and related resources, including downloadable content, interaction forums and product information (collectively "Services"). The Services, including any software, software updates, enhancements and/ or new features are subject to these Terms of Service and any specific license agreements, rules, instructions or guidelines regarding a particular Service (as applicable, the "Service Agreement"). If there is any conflict between these Terms of Service and the applicable Service Agreement for a particular Service, PLAYWITH shall resolve the conflict in its sole discretion. You understand that games and system specifications necessary to play the games or access any other Services may evolve over time. Accordingly, PLAYWITH reserves the right to modify the system specifications necessary to play any game or access any other Services.
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4. OWNERSHIP
You acknowledge and agree that PLAYWITH is the sole and exclusive owner of all rights, interest and title in and to PLAYWITH Sites, Services and the entire content including, without limitation, computer software (in any format), user accounts, games, concepts, titles, stories, dialogue, catch phrases, characters, character names, character profile information, artwork, animations, sounds and musical compositions, audio-visual works, any related documentation, recordings of games played on the server software. The PLAYWITH Sites and the Services are protected by applicable intellectual property and other laws and international treaties. PLAYWITH may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the PLAYWITH Sites, Services and the content that are part of the PLAYWITH Sites. Except as expressly provided in these Terms of Service or the applicable Service Agreement, the availability of the PLAYWITH Sites and Services does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved by PLAYWITH.
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5. YOUR ACCOUNT
You are not required to register in order to access the PLAYWITH Sites. However, in order to use certain Services, you will have to register and create a unique, password-protected account ("Your Account"). To establish Your Account, you will be required to provide PLAYWITH with certain personal information. To the extent you are liable to pay any subscription fees for Services, your Account information may also include your financial information. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration process; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. PLAYWITH reserves the right to delete Your Account, without warning, if you are found to have misrepresented your age or any of the registration information submitted. You are responsible for maintaining the confidentiality of your password and login information. You must immediately notify PLAYWITH of any unauthorized use of your password or account, or any other breach of security. You will be solely responsible to PLAYWITH for actions under Your Account and password, whether authorized by You or not. .
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6. CHARGES, BILLING AND FREE TRIALS
Certain Services may be offered free of any charges or free of any charges for limited period of time. However, PLAYWITH may, at its sole discretion, charge subscription or other fees to access Services and participate in related activities on the PLAYWITH Sites. For the paid Services, your subscription fees are payable in advance and not refundable in whole or in part. Subscription fees shall be payable only by the payment methods allowed by PLAYWITH. As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family members or friends. PLAYWITH reserves the right to change fees or payment methods at any time. All changes will be posted on the applicable PLAYWITH Sites and you shall be responsible for reviewing such information to obtain timely notice of such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but PLAYWITH shall be under no obligation to refund any fees that may have been paid before cancellation of your subscription. If your use of any Service is subject to tax, then PLAYWITH may also charge you for any such taxes, in addition to the subscription fees. Some subscriptions renew automatically. If you do not want your subscription or membership to renew, you must unsubscribe before the applicable renewal date. Unless otherwise indicated, all prices are in U.S. dollars and do not include Internet service provider, telecommunications, or other connection charges for which you remain solely liable to your service-provider.
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7. SOFTWARE LICENSE
For any software authorized for download or online use in connection with a Service through the PLAYWITH Sites, PLAYWITH hereby grants to you a personal, non-exclusive, non-transferable, revocable, limited license to operate the Software solely for viewing and otherwise using the applicable Services for noncommercial and personal use. Such use shall be strictly in accordance with these Terms of Service and the Service Agreements and for no other purpose. All Software is owned by PLAYWITH and/or its licensors. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license. You may not modify, alter or create any derivative works of any Software. You may not reverse engineer, decompile or disassemble any Software, including any proprietary communications protocol used by such Software. PLAYWITH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
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8. YOUR CONTENT
Your Content means any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials that you upload, post, publish, display or make available on or through the PLAYWITH Sites. PLAYWITH License. You hereby grant PLAYWITH a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable and transferable right and license, with a right to sub-license, to use, reproduce, store, host, index, cache, distribute, publicly perform, publicly display, (each of the foregoing in any form, medium or technology now known or later developed), modify and adapt including without limitation the right to adapt for streaming, downloading, broadcasting, distribution, publicly displaying, publicly performing (each of the foregoing in any form, medium or technology now known or later developed), create derivative works from, and exercise all aforesaid rights with respect to such derivative works, and otherwise exploit in any manner, Your Content or any part thereof. You hereby expressly waive any and all so-called moral rights You may have in Your Content. As part of the Services, PLAYWITH may provide bulletin boards, blogs, instant messaging, wikis and the like for posting user feedback, comments or other input on the PLAYWITH Sites. PLAYWITH License. You understand and acknowledge that PLAYWITH may display Your Feedback on the PLAYWITH Sites and use it for any marketing and business activities. In addition, PLAYWITH may in its sole discretion decide not to use Your Feedback, delete it from the PLAYWITH Sites, and even edit Your Feedback for both content and format. You hereby expressly waive any and all so-called moral rights You may have in Your Feedback. Obscene Content You will not use the PLAYWITH Sites to display, distribute or make available any material that is sexual, pornographic, erotic, obscene, indecent or profane in its use of sexual language or description or depictions of sexual acts (hereinafter, "Obscene Content") nor upload, email, post, publish, distribute, transmit, submit or otherwise make available through the PLAYWITH Sites any Obscene Content. If PLAYWITH finds any content that it determines, in its sole discretion, contains Obscene Content, PLAYWITH may, without notice, remove or block access to such content and terminate Your Account. Infringing Content You agree that you may upload or otherwise transmit on or through the PLAYWITH Sites only Content that is not subject to any third-party rights, or Content in which any holder of rights has given express authorization for distribution on the PLAYWITH Sites. You will not use the PLAYWITH Sites for any purpose or in any manner that infringes the intellectual property rights of any third party. You will not upload, email, post, publish, distribute, transmit, submit or otherwise make available through the PLAYWITH Sites any content that infringes the intellectual property rights of any third party. If PLAYWITH finds content that it determines, in its sole discretion, contains infringing content, PLAYWITH may, without notice, remove or block access to such content and terminate Your Account. Monitoring Content PLAYWITH does not endorse or approve any third-party content published on the PLAYWITH Sites and neither assumes any responsibility nor liability for such content. PLAYWITH has the right, but not the obligation, to edit, refuse to post, or remove any content posted in any PLAYWITH Site. Without limiting the foregoing, PLAYWITH shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable. PLAYWITH representatives may monitor content on the PLAYWITH Sites or Services from time to time. However, it is impossible to monitor or prescreen all the third-party content on the PLAYWITH Sites. If you encounter any content that you consider violates these Terms of Services, you can report such content to the PLAYWITH Customer Services.
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9. RESTRICTIONS AND CONDITIONS OF USE
Your access and use of the PLAYWITH Sites and Services is expressly conditioned on your agreeing not to (and not allowing any third party to) use the PLAYWITH Sites and Services for any purpose that is not allowed (or expressly prohibited) by these Terms of Service or any of the Service Agreements or otherwise unlawful including, without limitation, not to:
(1) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any game assets, information, software, products or services obtained from the PLAYWITH Sites or Services;
(2) use your account(s) to use PLAYWITH Services primarily for the purposes of amassing an inventory of virtual items for real-world commercial gain;
(3) create or use cheats, bots, "mods", and/or hacks, or any other third-party software designed to modify the PLAYWITH Games or use any third-party software that intercepts, "mines", or otherwise collects information from or through the PLAYWITH Services;
(4) use the PLAYWITH Sites and/or Services in any manner that could damage, disable, overburden, or impair any PLAYWITH server, or the network(s) connected to any PLAYWITH server, or interfere with any third party's use and enjoyment of the PLAYWITH Sites and Services;
(5) attempt to gain unauthorized access to any part of PLAYWITH Sites, Services, third party accounts, computer systems or networks connected to any PLAYWITH server or obtain or attempt to obtain any materials or information through any means not intentionally made available;
(6) conduct or send surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages (commercial or otherwise);
(7) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of third parties;
(8) publish, post, upload, transmit, distribute or disseminate content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing; embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable;
(9) use, upload, transmit, distribute or otherwise make available any content in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
(10) upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computer;
(11) advertise or offer to sell or buy any goods or services for any purpose, unless the PLAYWITH Sites and/or Services specifically allow such messages;
(12) falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of PLAYWITH Sites, Services and other content.
(13) harvest or otherwise collect personal information about others, including e-mail addresses, or use such information to send unsolicited emails;
(14) violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the PLAYWITH Sites and Services;
(15) impersonate or create a false identity for the purpose of misleading others;
(16) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of PLAYWITH Sites and Services or other user or usage information or any portion thereof;
(17) attempt to get a password, other account information, or other private information from a member or any other user of PLAYWITH Sites and Services;
(18) disrupt the normal flow of dialogue in communication forums on the PLAYWITH Sites or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and services;
(21) use the PLAYWITH Sites and Services for fraudulent transactions or other commercial transactions not expressly permitted by these Terms of Service.
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10. WARRANTY DISCLAIMER
Your use of the PLAYWITH Sites and Services is at Your sole discretion and risk. The PLAYWITH Sites and Services and all content, materials and information included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. PLAYWITH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE. USE OF THE PLAYWITH SITES AND/ OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. PLAYWITH ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE PLAYWITH SITES. PLAYWITH FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PLAYWITH SITES OR SERVICES; (II) REGARDING THE CONTENT, SERVICES, ADVICE, INFORMATION OR LINKS PROVIDED BY ANY THIRD PARTY ON OR THROUGH THE PLAYWITH SITES; (III) THAT THE PLAYWITH SITES AND SERVICES WILL MEET YOUR REQUIREMENTS; OR (IV) THAT THE PLAYWITH SITES AND SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLAYWITH SITES AND SERVICES OR FROM YOUR USE OF THE PLAYWITH SITES AND SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE OR SERVICE AGREEMENTS.
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11. LIMITATION OF LIABILITY
PLAYWITH WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLAYWITH SITES AND/ OR THE SERVICES, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE PLAYWITH SITES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT PLAYWITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLAYWITH'S LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PLAYWITH FOR THE APPLICABLE SERVICE DURING THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties.
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12. PRIVACY POLICY PLAYWITH's Privacy Policy located at http://www.playrohan.com/PrivacyPolicy.html, controls PLAYWITH's collection and use of your information, including your personally identifiable information which is incorporated herein by reference.
13. THIRD PARTY CONTENT
PLAYWITH Sites may provide links to third-party websites or resources and contain third-party advertisements. PLAYWITH has no control over such websites and resources and you acknowledge and agree that PLAYWITH is not responsible for the availability of such websites or resources. PLAYWITH does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that PLAYWITH shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to be caused by or in connection with the use of or inability to use (i) any websites or resources that PLAYWITH Sites provide links to or that provide links to the PLAYWITH Sites, or (ii) any content, goods, or services available on or through any such websites or resources. PLAYWITH takes no responsibility for third party advertisements which may be posted on the PLAYWITH Sites nor does it take any responsibility for the goods or services provided by such advertisers. Your dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through the PLAYWITH Sites and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.
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14. TERMINATION
You agree that PLAYWITH, in its sole discretion, may terminate your use of the PLAYWITH Sites and Services, for any reason, including, without limitation, if PLAYWITH believes that you have violated or acted inconsistently with these Terms of Service or any Service Agreement. You agree that any termination of your access to the PLAYWITH Sites and Services may be effected without prior notice, and acknowledge and agree that PLAYWITH may immediately deactivate or delete your password and user name and all related information and files associated with it and/or bar any further access to such files or the PLAYWITH Sites and Services. PLAYWITH shall not be liable to you or any third party for any termination of your access to the PLAYWITH Sites or Services.
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15. MISCELLANEOUS
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is excluded and does not apply to this Agreement. Dispute Resolution. Any dispute arising in connection with these Terms of Service shall be finally settled by arbitration. The arbitration shall be held in Orange County, California, U.S.A., and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association in Orange County, California. The arbitration shall be conducted in the English language, and judgment upon the award rendered may be entered in any court having jurisdiction. Each party shall bear its own expenses, but the arbitrator's fees and costs shall be borne equally between the parties participating in the arbitration. Assignment. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of PLAYWITH. Any attempted assignment in violation of this Section will be null and void and of no force or effect. PLAYWITH may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party's permitted successors and assigns. Waiver. The failure to require performance of any provision of these Terms of Services shall not affect PLAYWITH's right to require performance at any time thereafter, nor shall a waiver of any breach or default constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Severability. If any part of these Terms of Service is found to be unenforceable, such part will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms of Service will remain in full force and effect. TOP
R.O.H.A.N.: Blood Feud has no affiliation, connection or association with and are not endorsed or sponsored by The Saul Zaentz Company, New Line Cinema Corporation, Turbine, Inc, the estate of heirs of J.R.R. Tolkien, Harper Collins Publishers Ltd, or any of their respective affiliates or licensees.
Last Updated: August 01, 2011 TOP
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R.O.H.A.N.: Eternal Vengeance has no affiliation with The Saul Zaentz Company