Subject to your agreement and continuing compliance with the IA Terms, IA hereby grants to you a limited, personal, nonexclusive, nontransferable, non-assignable and fully revocable license to (a) install the Game Client on one or more computers owned by you or under your legitimate control, and (b) use the Game Client in conjunction with the online service and website descendantsgame.com (hereafter the“Website”) for your non-commercial entertainment purposes only. You must accept the Terms of Service on the Website, or, if applicable, on the next following screen to use the Game Client and to play the Game.
You agree that you will not, under any circumstances
“Content” as used herein includes (1) software, software updates or patches, or other utilities and tools from IA or its licensors (“IA Software”) and (2) other software, technology, text and audio visual material, the design and appearance of the Website. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, story lines, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, user Accounts , and methods of operation. Content is provided by IA and its licensors, and may also be contributed as User Content (see Section V.D below) by you or third parties, including other users of IA Services.
Content on IA Services is owned by IA or IA’s third party licensors and is protected by US and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from a IA Service unless our terms expressly authorize you to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content. IA reserves all rights in IA owned and licensed Content that are not expressly granted to you in IA Terms. You acknowledge that IA and/or third-party content providers remain the owners of all materials posted on the Website and in the Game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Making unauthorized copies of Content found on IA Services may result in the termination of your Account(s), prohibition on use of IA Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless IA from any unauthorized or illegal conduct by you, or through the use of your Account, on IA Services.
Ia may find it necessary to make updates, or patches to the game client, or resetcertain parameters to balance game play and usage of ia services. These updates or “resets”may cause you setbacks within the game and may affect characters, games, groups or otherentitlements under your control. IA reserves the right to make these updates and is not liable to you for these changes.
This Game is an online game that must be played over the Internet through the Website as provided by IA. You understand and agree that the Website is provided by IA at its discretion and may be terminated or otherwise discontinued by IA pursuant to the Terms of Service.
You agree that we may communicate with you via telephone, email and any similar technology for any purpose relating to the Game, and any IA Service or IA Software which may in the future be provided by us or on our behalf. You expressly permit IA to upload CPU, operating system, video card, sound card and memory information from your computer to analyze and optimize your Game experience, improve and maintain the Game and/or provide you with customer service. In the event that the Game detects an unauthorized third party program, (a) the Game may communicate information back to us, including without limitation your Account username, details about the unauthorized third party program detected and the activities or functions performed thereby, and/or (b) we may exercise any or all of its rights and remedies under the IA Terms without prior notice to the user(s) linked to such unauthorized third party program.
To the maximum extent permitted by applicable law, you expressly agree that the use of the game, the website, or any other IA services, IA software, and the internet is at your sole risk. IA services, IA software, IA’s products and third-party services and products are provided on an “as is” and “as available” basis for your use, without warranties of any kind, either express or implied, unless such warranties may not be excluded by law. IA provides IA services on a commercially reasonable basis and does not warrant merchantability or fitnessfor a particular purpose or that you will be able to access or use IA services at times orlocations of your choosing, or that IA will have adequate capacity for IA services as a whole or in any specific geographic area. Use of the website, including, without limitation, allcommunication features of the website, is at your sole risk.
To the maximum extent permitted by applicable law, you acknowledge and agree that your sole and exclusive remedy for any dispute with IA or its licensors is to stop using IA services,and to cancel your IA account. You acknowledge and agree that IA, its licensors andaffiliates are not liable for any act or failure to act by them or any other person regarding conduct, communication or content on any IA services or use of IA software. In no case shall IA or its licensors, affiliates’, employees’, officers’, or directors’ (collectively, “IA affiliates“) liability to you exceed the amount that you paid to IA for IA services. In no case shall IA or IA affiliates be liable for direct, general, incidental, special or consequential damages, including loss of profit or revenues, arising from your use of IA services, IA software, the internet or for any other claim related in any way to your use of IA services or accounts. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states orjurisdictions, IA’s and IA affiliates’ liability shall be limited to the fullest extent permitted by law. IA does not endorse, warrant or guarantee any third party product or service offered through IA and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
Upon IA’s request, you agree to defend, indemnify and hold harmless IA and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service, or any other IA Terms, for which you are responsible or in connection with your distribution of any Content on or through IA Services. Without limiting the generality of the foregoing, you agree to indemnify and hold IA harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of IA Services and for all of your communication and activity on IAServices, including any User Content you contribute, and that you will indemnify and hold harmless IA, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on IA Services, including any User Content that you contribute.