These Terms of Service, together with any applicable End User Licensing Agreements (“EULA”), Privacy Policy, as any of the foregoing may be amended from time to time, together with any posted rules or instructions regarding a particular activity, poll, or other offering govern your use of the Website, the participation in the game “Descendants” and related modules, and any other product, online service or web site offered by Insense Arts LLC (IA), or any of its subsidiaries and affiliates. You agree to check the Website periodically for new information and terms of use. IA may modify the Terms at any time. IA will inform you about such revisions by email and/or by a notice on the Website’s home page and/or during log in. Unless indicated otherwise, such revisions affecting existing IA Services shall be effective at the earlier of your acceptance, or thirty (30) days after posting at TERMS & CONDITIONS. Terms for new IA Services are effective immediately upon posting.
Your privacy is important to us. Please read Privacy Policy carefully for information relating to collection and use of personal information. You understand, acknowledge and agree that public communications on IA Services, including descendantsgame.com are not private or confidential, and may be viewed and used by others accessing the IA Services.
While some elements of the Website may be generally accessed by the public, certain aspects of the Website (e.g. posting in the Forums) and the use of IA Services requires you to create an account on the Website (the “Account”). If you have questions about registration for an Account, please contact us at support@descendantsgame.com
Only “natural persons,” as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the privilege of establishing an Account. By entering into this Agreement and creating an Account, you represent that you are an adult and have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with this Agreement on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to play the Game using your Account. You further agree that you are entirely liable for all activities conducted through your Account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of this Agreement and any and all other IA Terms.
The website and the game are not directed at children under 13 years of age, nor does IA knowingly collect information from children under 13. If you are under 13, please do notsubmit any personally identifiable information to IA .
To create an Account, you must have an email address, and provide truthful and accurate information. Please note that in utilizing certain areas of the Website (e.g. purchasing certain merchandise), you will be requested to provide additional information such as your name and full address. You must be eligible to use the IA Service for which you are registering. Some IA Services require the creation of a “user name” or a “persona.” User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service. IA reserves the right to block or remove any “user name” or “persona”, if the use thereof violates any IA Terms, laws or regulations, including, without limitation, personality rights, or trademarks.
You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. IA will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.
We have implemented physical, electronic and managerial procedures in order to help safeguard and prevent unauthorized access, use, alteration, modification and/or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via e-mail are not protected by encryption and are vulnerable to interception during transmission.
“User Content” as referred to herein means all forms of communication, messages, information, data, text, software, graphic files, or other materials, whether in written, verbal, electronic, digital, machine-readable or any other form, whether now known or hereafter to become known, which is contributed to the Website or any IA Service by anybody other than IA.
You violate the Terms of Service if you:
• Post, transmit, promote, or distribute User Content that is illegal.
• Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
• Transmit, or facilitate distribution of User Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable. Hate speech is not tolerated.
• Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
• Impersonate another person (including celebrities), indicate falsely that you are an IA employee or a representative of IA, or attempt to mislead users by indicating that you represent IA or any of IA’s partners or affiliates.
• Attempt to get a password, account information, or other private information from anyone else on IA Services.
• Upload User Content that you do not own or have permission to freely distribute.
• Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
• Upload files that contain a virus or corrupted data.
• Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
• Improperly use web support or complaint buttons or make false reports to IA staff.
• Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
• Modify any part of the IA Services that IA does not specifically authorize you to modify.
• Post or communicate any user’s real-world personal information using a IA Service.
• Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a IA Service.
• Attempt to use IA Software on or through any service that is not controlled or authorized by IA.
• Exploit the Game or any of its parts thereof or IA Services, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site; (b) for gathering in-game virtual, items or resources for sale outside the Game; or © performing in-game services in exchange for payment outside the Game, e.g., power-leveling.
• Post any messages to, or otherwise attempt via IA Services to trade or sell physical or digital merchandize, such as ships, “insurance benefits,” Game credits or other accrued Game benefits offered by IA.
• Interfere with the ability of others to enjoy playing a IA Service or take actions that interfere with or materially increase the cost to provide a IA Service for the enjoyment of all its users.
• Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage.
• Reverse engineer, decompile or disassemble all or any portion of the Website, Game or other IA Service.
• Facilitate, create or maintain any unauthorized connection to the Game or the Website, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Website; and (b) any connection using programs or tools not expressly approved by IA;
This above-referenced list of prohibitions only provides examples of unacceptable conduct and is not intended to be a complete or exclusive list of prohibited conduct. Your online conduct should be guided by common sense and respect for others who access and use the Website (whether or not such third parties are registered users of the Website) and for the employees and representatives of IA. You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use IA Services. IA reserves the right to terminate your Account and to prevent your use of any and all IA Services if your Account is used to engage in illegal activity, violates these rules of conduct, or otherwise any IA Terms.
If you encounter another user who is violating any of the rules of conduct, please report this activity to IA by contacting support@descendantsgame.com.
When you play the Game, or participate in any other IA Service, including the communication features on the Website, your IP address (the Internet protocol address from which you access any of the above) may be stored in our records. When the Game, or any element or module thereof, is updated or “patched,” our patch routine may check your computer to see that you have the most recent version of game-specific files; when you communicate within the Game or any communication feature in the Game or on the Website (e.g. live chat, instant message services and the like), even “privately” to another person, you do so with the understanding that those communications go through our servers, can be monitored by us. Accordingly, you have no expectation of privacy in any of those communications and, accordingly, you expressly consent to monitoring of communications that you send and receive.
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.
In addition, IA reserves the right to terminate any IA Service at any time by giving you notice of such termination within the time period specified when you joined the particular IA Service, or if no time period for notice of termination was specified, then within ten (10) days of the date such notice is posted on the applicable IA Service.
If your Account, or a particular subscription for a IA Service associated with your Account, is terminated for a violation of these Terms of Service, the EULA or any other IA Terms, no refund will be granted; no online time or other credits will be credited to you or converted to cash, nor will any other form of reimbursement be issued, and you will have no further access to your Account or entitlements associated with your Account or the particular IA Service (such as digital assets, game credits, passes, and tokens).
You may cancel your Account at any time by contacting support@descendantsgame.com. If you do not agree to the terms in this Terms of Service, the EULA, or any other IA Terms, your sole remedy is to not use IA Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with IA, including any dispute related to, or arising out of: (1) any term of this Terms of Service, the EULA, or any other IA Terms, or IA’s enforcement or application thereof; (2) the content available through IA Services or any change in content provided through IA Services; (3) your ability to access and/or use IA Services; or (4) the amount or type of any payment, fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for IA Services.
IA reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to a IA Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with IA Services must be settled before you establish a new IA Account.
After you cancelled your Account, or termination of your Account pursuant to these Terms of Service, IA has the right to delete all your account information and content.
IA reserves the right to change its prices, fees, or billing methods at any time.
A is raising funds for its roleplaying universe of “Descendants”. You may select one or more of the pledges offered on the Website, or through IA’s customer service, and pay the indicated amount(s) in accordance with the following terms agreed between you and IA:
• Your payment is a deposit to be used for a) the production and delivery cost for the pledge items (“Pledge Item Cost”), and (b) the development and production cost of the Game, including the Website cost, , and IA’s corporate expenses associated with the foregoing (the “Game Cost”).
• The deposit shall be earned by IA and become non-refundable to the extent that it is used for the Pledge Item Cost and the Game Cost, with your deposit being applied as follows: first to the Pledge Item Cost, and then to the Game Cost in a percentage equal to the total applied Game Cost in relation to the total deposits of all contributors remaining after the Pledge Item Cost.
• IA agrees to use its good faith business efforts to deliver to you the pledge items and the Game on or before the estimated delivery date. However, you acknowledge and agree that delivery as of such date is not a promise by IA since unforeseen events may extend the development and/or production time. Accordingly, you agree that any unearned portion of the deposit shall not be refundable until and unless IA has failed to deliver the pledge items and/or the Game to you within 12 months after the estimated delivery date.
• For the avoidance of doubt, in consideration of IA’s good faith efforts to develop, produce, and deliver the Game with the funds raised, you agree that any deposit amounts applied against the Pledge Item Cost and the Game Cost as described above shall be non-refundable regardless of whether or not IA is able to complete and deliver the Game and/or the pledge items. In the unlikely event that IA is not able to deliver the Game and/or the pledge items, IA agrees to post an audited cost accounting on its website to fully explain the use of the deposits for the Game Cost and the Pledge Item Cost. In consideration of the promises by IA hereunder, you agree to irrevocably waive any claim for refund of any deposit amount that has been used for the Game Cost and Pledge Item Cost in accordance with the above.
• Once IA has made all pledge items available to you and the Game has been commercially released to the public, all your payments for any IA Services until such time shall become, and any payments thereafter shall be non-refundable in whole or in part.
You may make payment using the methods available for the particular IA Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by IA Service. When you provide credit card or other payment information to IA, you represent to IA that you are the authorized user of the credit card or other payment method.
You must provide current, complete, and accurate information for your billing account. IA does not receive any confidential payment data from its payment providers, and IA is not responsible for their performance. You must promptly update all information with the payment provider to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date).
Customers who use a payment method other than credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions. Any separate charges or obligations that you incur in your dealings with the third party payment providers are your responsibility. IA reserves the right to change such payment providers at any time.
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 or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.
You agree that IA reserves the right to manage, regulate, control, modify and/or eliminate its games and all aspects thereof, including but not limited to, game elements such as ships, characters, items such as “ship insurance,” points, and credits (collectively, “Virtual Goods”) therein. All Virtual Goods remain property of IA. You acknowledge that IA may, in its sole discretion, in any general or specific case, modify features, functions or abilities of any element of any of its games or any Virtual Goods (which may, among other things, make the Virtual Goods substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely). You acknowledge and agree that all Virtual Goods represent a limited license right governed by the IA Terms, and are not redeemable for any sum of money or monetary value from IA at any time. The foregoing applies also with respect to IA’s permission to transfer such limited license in Virtual Goods to other users via “gifting.”
you agree, therefore, that you will never assert or bring any claim or suit against ia, itsparent company, divisions, subsidiaries, affiliates, or any employees of any of above, which isrelated to or based on, including but not limited to; (i) a claim that you “own” any virtualgoods in the game, (ii) a claim for the “value” of virtual goods if ia deletes them (and/orterminates your account) with a reasonable cause at IA’s sole descretion, (iii) a claim for the“value” of virtual goods that you may lose if ia does anything that it is entitled to dopursuant to any provision of these terms of service, the eula, ia’s privacy policy, or any otherrsi terms, and/or, or for any malfunctions and/or “bugs” in ia services, (iv) a claim that the“value” of any virtual goods has increased or decreased by virtue of any game modification thatrsi has made or will make.
We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to IA. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
“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.
IA reserves the right to remove any Content that is objectionable to us for any reason. The decision to remove
Content is in IA’s sole and final discretion. To the maximum extent permitted by applicable law, IA does not assume any responsibility or liability for User Content, or for any failure to or delay in removing such Content.
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 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.
The Website and the Game, and all respective Content are available for use only by authorized end users in accordance with, and subject to the terms and conditions set forth in this Agreement and the applicable EULA which is incorporated herein by reference. IA hereby grants to you a limited, personal, nonexclusive, nontransferable, non-assignable and fully revocable license to use the Website, the Game, and any Content thereof for your individual, non-commercial, entertainment purposes only. The foregoing license is strictly subject to the following: (1) you are current with your payment of all applicable fees for the use of the Game and IA Services to which you have subscribed and (2) you comply with these Terms of Service, the EULA and the IA Privacy Policy and you are not otherwise in breach of any IA Terms. The foregoing grant of license shall be automatically revoked as of the moment that any of the foregoing conditions are no longer met by you.
IA Services may require or allow you to download IA Software. In such cases, IA grants to you a non-exclusive, limited license to use IA Software solely for the purpose stated by IA at the time the IA Software is made available to you. If an End User License Agreement is provided with the IA Software, your use of the IA Software is subject to the terms of that license agreement in addition to these Terms of Service. You may not sub-license, or charge others to use or access IA Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from IA Software. You may not modify IA Software or use it in any way not expressly authorized in writing by IA. You understand that IA’s introduction of various technologies may not be consistent across all platforms and that the performance of IA Software and related IA Services may vary depending on your computer and other equipment.
From time to time, IA may provide you with updates or modifications to IA Software. You understand that certain updates and modifications may be required in order to continue the use of IA Software and IA Services.
In exchange for IA enabling your contribution of User Content when you contribute User Content to a IA Service, you expressly grant to IA a non-exclusive, perpetual, royalty-free, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the User Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant IA all licenses, consents and clearances to enable IA to use such User Content for such purposes. You waive, and agree not to assert any droit moral or similar rights you may have in such User Content.
If the IA Service on which you contribute User Content permits other users to access and use that contributed User Content as part of the IA Service, than you also grant all other users of the relevant IA Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed User Content on or through the relevant IA Service without further notice, attribution or compensation to you.
IA respects the intellectual property rights of others. You must have the legal right to upload Content to IA Services. You may not upload or post any User Content on IA Services that is protected by copyright, trademark or other intellectual property rights unless you are the owner of all of those rights; or you have the prior written consent of the owner(s) of those rights to make such use of that User Content. IA may, without prior notice to you and in its sole judgment, remove User Content that, in IA’s good faith judgment to be exercised in its sole discretion, may infringe the intellectual property rights of a third party. If you are a repeat infringer of IA’s or a third party’s intellectual property rights, IA may terminate your Account without notice to you with the consequences set forth in Section III.D above.
IA does not pre-screen all User Content and does not endorse or approve any User Content that you and other users may contribute to IA Services. You are solely responsible for your User Content and may be held liable for User Content that you post. You bear the entire risk of the completeness, accuracy or usefulness of any User Content found on the Website or other IA Services.
IA places a particular value on its interaction with its customers and fans, and the Descendants community. However, without a prior submission agreement having been executed by the submitting party, neither IA nor any of its employees and/or contractors may accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively “Unsolicited Ideas”). Please do not send your Unsolicited Ideas to IA or its employees and/or contractors without first contacting support@descendantsgame.com to obtain a copy of the IA submission agreement, and returning it signed to IA. This policy is aimed at avoiding potential misunderstandings or disputes when IA’s products or services might seem similar to Unsolicited Ideas that are submitted. IA reserves the right to refuse receipt of any submissions, or the conclusion of a submission agreement with anyone.
If you do submit your Unsolicited Ideas to IA or to any of its employees and/or contractors despite this policy, then you hereby acknowledge and agree that, from the time of transmission or dispatch, you grant IA, and its designees a worldwide, perpetual, irrevocable, sublicenseable, transferable, assignable, non-exclusive and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to IA as specified above are valid, effective and enforceable. You also give up any claim that any use by IA and/or its licensees of your Unsolicited Ideas violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.
Solely in connection with your fansite or your fansite pages dedicated to IA Services and/or the Game, we may (in our sole discretion) grant you, on a non-exclusive and non-sublicensable basis, permission to reproduce and redistribute on the fansite to end users, certain IA Services-related images, graphics or artwork (the “IA Fansite Content“) and certain IA trademarks and logos (the “IA Marks“) that IA may expressly designate “for fansite use” on the Website (or in separate electronic or written communications to you) so long as you comply with the terms and conditions described herein. You acknowledge and agree that IA shall have the right to amend, delete, add to, or otherwise modify any IA Fansite Content used or accessed by you, without prior notice.
As the operator of an independent, unaffiliated web site, you will have sole editorial control over the fansite, except that you represent and warrant to IA that the fansite will not post material that is illegal or infringes on the rights of third parties or harms the reputation of any IA Service, or IA, or its officers or employees. If at any time you post such disparaging material, or material that is illegal or infringes upon the rights of any third party, IA may terminate the grant set forth in this Section. Your ownership in the fansite excludes the IA Fansite Content and IA Marks and excludes any derivative works based upon, or including the IA Fansite Content and/or IA Marks. The fansite is not a “Joint Work” as that term is defined in the United States Copyright Act, Title 17 United States Code (“U.S.C.”), and is not otherwise a joint, collective or collaborative work under any other applicable laws.
You agree to include IA’s trademark, copyright or other proprietary rights notices, as provided on the Website, when displaying IA Fansite Content or IA Marks, and agree to comply with usage guidelines that may be provided by IA from time to time. You shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of IA Fansite Content or IA Marks, including in digital form; nor challenge IA’s or its licensors’ ownership of the IA Fansite Content or IA Marks, nor use or adopt any trademarks that might be confusingly similar to such IA Marks.
IA reserves all rights, title and interest in and to the IA Fansite Content and IA Marks which are not expressly granted herein. You shall not rent, lease, reproduce, modify, translate or create derivative works of the IA Fansite Content except as expressly permitted herein, nor create any derivative works (including without limitation fiction or visual art) from, or in any way exploit, any of the Ships, characters, or other Content contained in the Game or on the Website, without the express written permission of IA. IA does not consent to the protection under the copyright law of any unauthorized derivative work. The creation and sale of merchandise based on the Game, the Website, or upon IA Fansite Content or IA Marks is expressly prohibited.
If you intend to charge a subscription or access fee to generate revenue from the fansite, we would require you to execute a license agreement with us. The limited permission granted herein with respect to fansite use of certain IA Fansite Content and IA Marks does not cover such circumstances.
Under no circumstances will IA be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages, including lost profit or lost revenues, of any kind in connection with this permission. IA reserves the right in its sole discretion to expressly refuse this permission to any particular fansite, or to revoke this permission at any time.
IA may elect to record or film interviews with you and to create other audio-visual material depicting you during events organized by IA (“IA Event”), either separately or during trade shows, conventions, and similar events. You hereby consent that IA may use your likeness and voice on such audio-visual materials for documentary, marketing, and advertising purposes in any and all media now known or hereafter devised in perpetuity throughout the universe, without any compensation due to you. If you do not wish to grant such permission, please do not participate in the IA Events and decline to be interviewed.
In its sole discretion, IA may contact you to review and evaluate the Game, aspects or modules of the Game, or online features as part of, or prior to a wider Alpha test, Beta test, or commercial release thereof (hereafter “Pre-Release Games”) for the purpose of identifying program errors. You will be asked to provide to IA (and to IA only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the Pre-Release Games. This process is referred to herein as a “Pre-Release Test.” If it is a closed Pre-Release Test, IA may ask you to enter into a Pre-Release Software Confidentiality Agreement (“Confidentiality Agreement”) for each specific Pre-Release Test BEFORE you will be allowed to be a tester (“Tester”) and BEFORE any software will be provided or made accessible to you. In such case, your participation as a Tester is subject to the Confidentiality Agreement, in addition to the following terms and conditions which apply to all Pre-Release Tests.
In connection with the Pre-Release Test, IA may provide you, on a temporary basis, Pre-Release Games, as well as confidential and proprietary information (collectively, “Pre-Release Materials”). You understand and agree that the Pre-Release Materials are confidential or proprietary information of IA. You agree as a condition of participating in a Pre-Release Test to not copy or reproduce the Pre-Release Materials, safeguard the Pre-Release Materials and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the Pre-Release Materials, and if applicable, fully comply with the terms and conditions of the Confidentiality Agreement.
You will carry out the testing personally and not provide access to Pre-Release Materials to any other person. You agree that breach of the above obligations will cause irreparable harm to IA, and IA 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 Pre-Release Materials confidential will continue until IA publicly distributes, or has otherwise disclosed to the public through no fault of yours, the Pre-Release Materials and the Content that you are testing.
Upon request, you agree to immediately return to IA all copies of the Pre-Release Material which IA provided to you.
As a Tester, you are invited to play Pre-Release Games for the sole purpose of evaluating the Pre-Release Games and identifying errors. Nothing in these Terms of Service or any other IA Terms shall be construed as granting you any rights or privileges of any kind with respect to the Pre-Release Materials or other Content. The Pre-Release Games are provided for testing on an “as is” and “as available” basis and we make no warranty to you of any kind, express or implied.
When playing some Pre-Release Games, you may accumulate game credits, “insurance,” experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular Pre-Release Game completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status.
By selecting a “Play” button to start a Pre-Release Game, you agree that: playing Pre-Release Games is at your own risk and you know that the Pre-Release Games may include known or unknown bugs, any value or status indicators that you achieve through game play may be erased at any time, IA has no obligation to make these Pre-Release Games available for play with or without charge for any period of time, nor to make them available at all, these Pre-Release Games may be available only against payment once the Pre-Release Test process is complete or at any time in the future; IA‘s Terms of Service apply to your use of the Pre-Release Games during the testing phase, and if it is a closed Pre-Release Test, you will keep all information about the Pre-Release Materials confidential as stated above and not disclose such information to any other person. Pre-Release Test accounts are non-transferable under any circumstances.
This section shall survive termination of this terms of service agreement.
To the maximum extent permitted by applicable law, you expressly agree that the use of thegame, 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 expressor implied, unless such warranties may not be excluded by law. IA provides IA services on acommercially reasonable basis and does not warrant merchantability or fitness for aparticular purpose or that you will be able to access or use IA services at times or locations of your choosing, or that IA will have adequate capacity for IA services as a whole or in anyspecific geographic area. Use of the website, including, without limitation, all communicationfeatures of the website, is at your sole risk
to the maximum extent permitted by applicable law, you acknowledge and agree that your soleand exclusive remedy for any dispute with IA or its licensors is to stop using IA services, andto cancel your IA account. you acknowledge and agree that IA, its licensors and affiliates arenot 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 liabilityfor consequential or incidental damages, in such states or jurisdictions, IA’s and IA affiliates’ liability shall be limited to the fullest extent permitted by law. IA does not endorse, warrantor 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-partyproviders 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 IA Services, 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.
IA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to IA in that matter.
important: IA may find it necessary to make updates, or reset certain parameters to balance gameplay and usage of IA services. these updates or “resets” may cause you setbacks within thegame and may affect characters, games, groups or other entitlements under your control. IA reserves the right to make these updates and is not liable to you for these changes.
IA Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. IA does not control such web sites, and it is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
You hereby acknowledge and agree that IA would suffer irreparable harm if these Terms of Service or any of the IA Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that IA shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of these Terms of Service or any other IA Terms. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this Terms of Service or the IA Terms and consistent with the terms of this Section, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
To expedite resolution and control the cost of any dispute, controversy or claim related to the Terms of Service or any other IA Terms (“Dispute”), you and IA agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. IA will send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to IA, 3585 NE 207TH STREET, SUITE 800751, AVENTURA, FL 33180-9997, Attn: Legal Department with a copy via email to support@descendantsgame.com.
If you and IA are unable to resolve a Dispute through informal negotiations, either you or IA may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. You understand and herebyagree that you hereby waive the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, IA will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in these Terms of Service or the EULA, you and IA may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
You and IA agree that any arbitration shall be limited to the Dispute between IA and you individually. To the fullest extent permitted by law, no arbitration shall be joined with any other; there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Any arbitration shall be initiated in the County of Miami, State of Florida, United States of America. Any Dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Miami, State of Florida, United States of America, and you and IA agree to submit to the personal jurisdiction of that court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
This Agreement (and all subsequent modifications, if any) shall remain effective until terminated. Both you and IA may terminate this Agreement at any time for any reason or for no reason. Termination by IA will be effective upon notice to you, termination or deletion of your Account, or its decision to permanently discontinue offering and/or supporting the Game, which it may do at any time in its sole discretion. You may terminate this Agreement (and consequently, your Account) at any time by notifying IA at support@descendantsgame.com. Upon termination of this Agreement, your right to use the IA Services shall immediately cease.
A. Remedies. You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Service. You also understand and agree that these Terms of Service, the IA Privacy Policy, the EULA and any other IA Terms, including IA ‘s enforcement thereof, are not intended to confer, and do not confer, any rights or remedies upon any person.
B. Severability. If any part of these Terms of Service or the IA Terms is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of IA, and the remaining portions shall remain in full force and effect.
C. Waiver. The failure of IA to exercise or enforce any right or provision of these Terms of Service or any IA Terms will not constitute a waiver of such right or provision, any such waiver being effective only if in a writing signed by IA.
D. Force Majeure. IA shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of IA, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond IA’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
F. Governing Law. The laws of Florida, excluding its conflicts-of-law rules, govern these Terms of Service, any other IA Terms, and your Account(s); and you expressly agree that exclusive jurisdiction for any claim or dispute with IA or relating in any way to these Terms of Service, any other IA Terms, your Account(s), or your use of any IA Services resides in the Courts of the State of Florida, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving IA or its affiliates, employees, contractors, officers, directors, vendors and content providers. As noted in these Terms of Service, your conduct may also be subject to other local, state, national, and international laws.
G) Entire Agreement. These Terms of Service, together with any applicable EULA, the IA Privacy Policy, and any other IA Terms, including any posted rules or instructions regarding a particular activity, poll, or contest constitute the entire agreement between you and IA relating to your rights and obligations in the use of IA Services. If there is any conflict between these Terms of Service, any applicable EULA, the Privacy Policy, and any other IA Terms, IA shall resolve the conflict in its sole discretion.
I hereby acknowledge that I have read and understand the foregoing Terms of Service and agree that by clicking “Accept” I am acknowledging my agreement to be bound by the terms and conditions of these Terms of Service.