1. ACCEPTING THE TERMS
These Terms of Service ("Terms") are a legal agreement between NIKEAGAMES Co., Ltd. ("NIKEAGAMES" or "we") and you ("you"). By using or accessing any game ("Games") or application of NIKEAGAMES (collectively, "Services") or any communication channels (Social Network Web Pages, Forums, Reviews), you agree to be bound by these Terms. By accessing or using the Services, you agree that you have read, understood, and accepted to be bound by the Terms. NIKEAGAMES reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the Terms, do not use the Services. We will notify you when changes have been made to these terms and your continued use of the Services after being notified of the changes means you agree to the new Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Services and cancel any accounts you have made using the Services. If you violate the Terms, NIKEAGAMES reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Services. You agree that NIKEAGAMES does not need to provide you the notice before terminating or suspending your account(s), but it may do so. NIKEAGAMES reserves the right to refuse any user access to the Services without notice for any reason, including, but not limited to, a violation of the Terms. You agree that NIKEAGAMES may discontinue the Services or change the content of the Services at any time, for any reason, with or without notice to you, without liability. You represent and warrant that you are legally considered an adult in the jurisdiction you live in and have the right, authority and capacity to enter into these Terms. If you are not yet legally considered an adult, you represent that your legal guardian has reviewed and agrees to the Terms. If you are a parent or legal guardian of a minor who creates an account, you accept these terms on the minor's behalf and are responsible for all use of the services.
2. INTELLECTUAL PROPERTY/OWNERSHIP
the Site. Except for the personal information and content submitted by users of the Services, All materials that are part of the Services (including, but not limited to, designs, artworks, text, graphics, pictures, video, character, character IDs, Communication Channels IDs, account IDs, game items and Virtual Currency acquired or created in the Services, applications, software, music, sound and other files, and their selection and arrangement) and are owned by NIKEAGAMES, are protected by law. The entire contents of the Services are copyrighted under the copyright laws and/or similar laws of other jurisdictions. You agree that no materials that are part of the Services may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without NIKEAGAMES' express prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on this website (the "Site"). All other uses of copyrighted material, including any derivative use, requires express prior written permission from NIKEAGAMES. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties. NIKEAGAMES and/or its licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by NIKEAGAMES. You acknowledge that you do not acquire any ownership rights by using the Services or by accessing any materials posted on the Services by NIKEAGAMES, or any derivative works thereof. NIKEAGAMES grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Services solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever. Your license to use the Services is limited by these Terms.
3. USER CONTENT
You agree that you are willingly publishing the content on the Services using technology and tools provided by NIKEAGAMES. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of NIKEAGAMES. You grant NIKEAGAMES the right to act as an agent on your behalf as operator of the application. Any data, text, graphics, artworks, photographs and their selection and arrangement (hereinafter "User Content") uploaded to the Services are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by NIKEAGAMES. Text, graphics, artworks and photographs that are uploaded by you shall be the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and NIKEAGAMES is not responsible for any files users upload, post, or otherwise make available. NIKEAGAMES may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the NIKEAGAMES application. You acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that NIKEAGAMES will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content. NIKEAGAMES reserves the right to remove and permanently delete any User Content from the Services with or without notice.
4. VIRTUAL CURRENCIES/GOODS
The Services may include an opportunity to purchase virtual, in-game currency ("Virtual Currency") that may require you to pay a fee using "real money" to obtain the Virtual Currency. Virtual Currency can never be redeemed for real money, goods, or any other item of monetary value from NIKEAGAMES or any other party. You understand that you have no right or title in the virtual in game items or Virtual Currency. Your purchase of Virtual Currency is final and is not refundable, exchangeable, and transferable, except in NIKEAGAMES' sole discretion. You shall not purchase, sell, or exchange Virtual Currency outside the Services. Doing so is a violation of the Terms and may result in termination of your account with the Service and/or legal action. NIKEAGAMES retains the right to modify, manage, control and/or eliminate Virtual Currency at its sole discretion. Prices and availability of virtual in game goods are subject to change without notice.
5. TERMINATION AND SUSPENSION
You may terminate your account at any time, for any reason or no reason, by issuing an in-game message or by sending an email to email@example.com with the subject entitled “Termination.”
Upon termination of your account for any reason, you agree to no longer access (or attempt to access) the Games.
6. RULES OF CONDUCT/USAGE
The Services may provide communication channels such as, but not limited to, In-game communications including your nicknames, forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. NIKEAGAMES has no obligation to monitor these Communication Channels but it may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. NIKEAGAMES may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by NIKEAGAMES, and these communications should not be considered reviewed or approved by NIKEAGAMES. NIKEAGAMES will not under any circumstances be liable for any activity within Communication Channels. You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. NIKEAGAMES is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users. You agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Services in order to:
(i) create, or set your In-Game or Forum, Online Community nickname that is indecent, pornographic, sexual or otherwise objectionable or defacing any portion of the Services, or assuming the identity of the serviced applications or NIKEAGAMES’ staff;
(ii) restrict or inhibit any other individual from using the Services and/or the Virtual Currency, including, without limitation, by means of hacking or defacing any portion of the Services;
(iii) post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable;
(iv) defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable;
(v) upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computers;
(vi) violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
(vii) attempt to obtain passwords or other private information from other members;
(viii) improperly use support channels or complaint buttons to make false reports to NIKEAGAMES;
(ix) develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable License Agreements;
(x) violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
(xi) exploit, distribute or publicly inform other members of any game error, miscue or bug which you shall instead notify us via email at firstname.lastname@example.org.
7. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
You agree that your use of the Services shall be at your sole risk. To the fullest extent permitted by law, NIKEAGAMES, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. NIKEAGAMES makes no warranties or representations about the accuracy or completeness of the content of the Services of the content of any sites linked to the Services and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from the Services, (v) bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party, (vi) errors or omissions in any content, and/or (vii) loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services. In no event will NIKEAGAMES, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Services or other materials on, accessed through or downloaded from the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not NIKEAGAMES has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that NIKEAGAMES shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to indemnify and hold NIKEAGAMES, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service, (ii) your violation of any term of these Terms of Service, (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right, (iv) any claim that one of your User Submissions caused damage to a third party, or (v) any Content you post or share on or through the Services.
9. LIQUIDATED DAMAGES
You acknowledge and agree that you are not permitted for any reason or under any circumstances to hack, attempt file decryptions, crack encryptions, use cheats and/or memory altering scripts or codes or utilize unauthorized third-party manipulations programs, re-packer programs, game or client altering software or client re-interpretation methods or codes to alter the play experience or gain an unfair advantage in any of NIKEAGAMES' games. You also are prohibited from doing the following: (i) use any type of hacks, bypass, decryptions (including but not limited to file decryption software/methods), cheats and/or memory altering scripts or codes to gain an unfair advantage over other users in any NIKEAGAMES' game; (ii) manipulate and/or alter the game client and/or server memory in order to gain unearned and unjustified Virtual Currency, in-game currency and/or any other Items from any NIKEAGAMES' game; and (iii) elevate your ranking in any NIKEAGAMES' game fraudulently or by any wrongful or unauthorized means. In addition you agree not to create, design, disseminate, link, distribute, provide access to or use any third party programs, bots, scripts, codes, bypass, memory scanning software, hacks or cheats designed to alter the game play or to modify the code to play the game differently than it was intended by means of programs not permitted or authorized by NIKEAGAMES, which include, but are not limited to: hacks, private servers, cheat engines, memory altering scripts or codes (including but not limited to disconnection hacks), auto clickers, any type of bots and/or game cheats. Any use, dissemination or design of such programs shall be deemed a material breach by you of these Terms of Service for which you will be liable to NIKEAGAMES for any resulting damages. You agree that if you host or operate a private server of a NIKEAGAMES' game or host or operate a hack site that sells hacks to a NIKEAGAMES' game or if you distribute, disseminate, design, code, moderate and/or provide free or paid access to private forums that sell or distribute hacks, or assist in the design of any private servers or third party programs (such as hacks) that alter the game play of any NIKEAGAMES' game, you will have the unconditional obligation to pay NIKEAGAMES Co., Ltd. the sum of One Hundred Thousand ($100,000) Dollars for each such program (including patches) and versions thereof as liquidated damages. You also agree that if you use such a program to play any of the NIKEAGAMES games, or engage in the use of a private server, you will have the unconditional obligation to pay NIKEAGAMES Co., Ltd. the sum of One Thousand ($1,000) Dollars as liquidated damages for each time you use such a program, which shall be due and payable immediately upon notification to you of said infraction.
By visiting or using the Services, you agree that the laws of the United States and the State of California, without regard to principles of conflict of laws and regardless of your location, will govern these Terms of Service and any dispute of any sort that might arise between you and NIKEAGAMES. Any claim or dispute between you and NIKEAGAMES that arises in whole or in part from your use of the Services shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. NIKEAGAMES reserves the right to amend these Terms of Service at any time. We will notify you when we amend the Terms. Your use of the Services after being notified of the changes of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND NIKEAGAMES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. If any provision of this Agreement is found to 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 failure of the NIKEAGAMES to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The United Nations Convention on the International Sale of Goods is explicitly excluded from these Terms.
11. CONTACT INFORMATION
REFERENCE TO, OR DEPICTION OF, ANY WEAPON, VEHICLE, OR GEAR IN THIS GAME DOES NOT INDICATE AFFILIATION, SPONSORSHIP, OR RENDORSEMENT BY ANY MANUFACTURER. ALL TRADEMARKS IN THIS GAME ARE THE EXCLUSIVE PROPERTY OF THEIR RESPECTIVE OWNERS.