WSGame.com: User Agreement
1. Legal Agreement
You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by the Website under the laws of the United States or other applicable jurisdiction. You understand that the services being offered may include certain communications from WSGame, such as service announcement, administrative mess WSGame or other information, and that these communications constitute the services being offered by the Website and you may not have the right to opt out of receiving them.
All rights and titles in and to the Website and in any of our published games (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animation, sounds, musical, compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the game(s), transcripts of the chat rooms, character profile information, recordings of game play, and the game(s) client and server software) are owned by WSGame or have been licensed to WSGame.
2. Description of Service
WSGame provides free-to-play, high quality games to our members. Additional contents are also available on our Website. To access our games, you may be required to download and install certain client software. This entails the use of hardware, software and Internet access. By using the Website, you acknowledge that hardware, software and Internet access play a crucial role in your user experience. You agree that WSGame is not responsible for any hardware, software or Internet access or unavailability issues and you agree to hold us harmless for any such issues. WSGame does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.
3. User Submissions
"Submissions" means all data, text, music, sound, photographs, comments, feedback, suggestions, postings at forums, chat rooms and similar venues on the Website, e-mails and similar information or materials that you submit to WSGAME regarding the games and services of WSGAME or the use or play of those games and services. User IDs and Submissions are not confidential and will become the property of WSGAME upon submission. You agree to assign and grant to WSGAME an irrevocable, transferable, royalty-free, and perpetual right and license to all worldwide, transferable license and the right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display the User IDs and Submissions in any form, anywhere, with or without attribution to your User ID, and without notice or compensation to you.
You acknowledge that you are solely responsible for the Submissions that you provide and for managing your User ID. You, and not WSGAME, have full responsibility for your Submissions and User ID, including their legality, reliability, appropriateness, originality and copyright. You understand that by using the Website you may be exposed to Submissions that is offensive, indecent or objectionable. WSGAME shall not be liable in any way for any Submission, including, but not limited to, any errors or omissions in any Submission, or any loss or damage of any kind incurred as a result of the use of any Submission posted, e-mailed, transmitted or otherwise made available via the Website.
All materials published in forums, chat rooms and similar venues on the Website are considered public. Therefore, WSGAME strongly recommends that you not publish any personal information about yourself or others on or through the Website. As a matter of policy, WSGAME does not pre-screen or monitor any Submissions. However, WSGAME reserves the right to screen, refuse or move any Submission that is available via the Website. WSGAME has the right in its discretion to remove any Submission deemed objectionable or violates the terms hereof.
4. User Conduct
You must observe these terms, all applicable laws and also basic rules of etiquette and common courtesy when using the Website. Any conduct that violates the law in an offline, real world community is also a violation of these terms. WSGAME will not tolerate any illegal or offensive conduct.
You agree not to take any of the following actions:
(a) Upload, post, email, transmit or otherwise make available any Submission (as defined below) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Harm minors in any way;
(c) Impersonate any person or entity, including, but not limited to WSGAME official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission transmitted through the Website;
(e) Upload, post, e-mail, transmit or otherwise make available any Submission that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(f) Upload, post, e-mail, transmit or otherwise make available any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
(h) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
(j) "Stalk" or otherwise harass another;
(k) Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above;
(l) Impede the flow of chat in game, in forums, or in chat rooms with vulgar language, abusiveness, use of excessive shouting (ALL CAPS) "spamming" or any other disruptive or detrimental methods in an attempt to disturb other users or WSGAME employees;
(n) Take any action that may prohibit other users from enjoying the services of the Website or games.WSGAME may take any actions and impose any penalties we deem necessary to discourage and punish any violation of these terms or any other illegal or inappropriate conduct, all without prior notice or warning. The determination as to whether a violation has occurred and who is responsible for such act is solely within WSGAME's discretion, and is based on what we deem best for the community and the Website. By using the Website, you agree you will be bound by WSGAME's determination as to whether a violation has occurred and any penalty we choose to implement.
5. Third Party Sites
Clicking a hyperlink may direct you away from the Website. WSGAME does not endorse or control any third-party linked sites, is not responsible for their content and has no association with the owners or operators of such sites. Also, other sites may have different terms of service and different privacy policies. WSGAME therefore strongly recommends that you inform yourself regarding the practices of third party websites.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that WSGAME shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
6. Interruption of Service
(a) WSGAME reserves the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that WSGAME will not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.
(b) You acknowledge that the Services may be interrupted for reasons beyond the control of WSGAME, and WSGAME cannot guarantee that you will be able to access the Services or your Account whenever you may wish to do so. WSGAME shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.
(c) WSGAME has the right at any time with or without reason to change and/or eliminate any aspect(s) of the Services as it sees fit in its sole discretion.
(d) WSGAME is not be obligated to refund all or any portion of any Account fee (if any), by reason of any interruption of the Services by reason of any of the circumstances described in paragraph (a), (b), or (c).
7. Disciplinary Action/Account Termination
wsgame may suspend, terminate, modify, or delete any account at any time with or without reason, with or without notice.
WSGAME can and does issue warnings and temporary suspensions and permanent terminations of user identities for user violations. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under the absolute discretion of WSGAME.
For the avoidance of doubt, you herby acknowledge that WSGAME has sole discretion with respect to penalties and disciplinary actions to terminate your Account, even if there are credits remaining on your Account. If you feel you or your User ID has been unfairly warned or disciplined please contact us with a full detailed explanation. We will reasonably consider your explanation.
You have the right to terminate or cancel your Account at any time by delivering notice to WSGAME. You understand and agree that the cancellation of your User ID is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or WSGAME's enforcement or application of this Agreement; (ii) the Submissions; (iii) your ability to access and/or use the Website; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You may cancel your User ID by delivering notice to WSGAME. WSGAME reserves the right to collect accrued fees and charges and costs incurred by WSGAME before you cancellation. In addition, you are responsible for any fees, charges and costs incurred to third-party vendors or content providers before your cancellation. In the event your User ID is terminated or canceled for any reason, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your User ID. Any delinquent or unpaid accounts or accounts with unresolved disputes must be settled before WSGAME may allow you to register again.
At WSGAME's request, you agree to defend, indemnify and hold harmless (a) WSGAME, (b) its shareholders, partners, affiliates, directors, officers, subsidiaries, employees agents or suppliers, (c) its licensees, distributors, content providers, and (d) other members of the Services, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related, directly or indirectly, to any misuse of the Services or breach of this Agreement by you.
You hereby acknowledge and agree that:
(a) when using the services, the software may monitor your computer's random access memory (ram) and/or cpu processes for unauthorized third party programs running concurrently with the software. an "unauthorized third party program" as used herein shall be defined as any third party software, including without limitation any "add-on" or "mod", that in wsgame's sole determination: (I) enables or facilitates cheating of any type; (II) allows users to modify or hack the software interface, environment, and/or experience in any way not expressly authorized by wsgame; or (III) intercepts, "mines", or otherwise collects information from or through the software. in the event that the software detects an unauthorized third party program, it may communicate information back to wsgame, including without limitation your account name, details about the unauthorized third party program detected, and the time and date the unauthorized third party program was detected; and/or and wsgame may exercise any or all of its rights under this section of the agreement, with or without prior notice to the user.
(b) when the software is running, wsgame may obtain certain identification information about your computer and its operating system, including without limitation your hard drives, central processing unit, ip address(es) and operating system(s), for purposes of improving the program and/or the service, and to police and enforce the provisions of this agreement and the eula.
(c) WSGAME may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process. WSGAME may use or disclose your personal information if they believe that doing so may protect your safety or the safety of others.
(d) wsgame may record your chat sessions and other electronic communication transmitted or received through the game and you consent to such monitoring or logging.
(e) You may not hold WSGAME responsible for any loss resulting from in- game trading activities. You may not hold WSGAME responsible for any information that is passed between players. WSGAME does not guarantee the safe keeping of information that is passed between players and will not be held responsible for any resulting losses or consequences arising from the improper use of said information. You may not hold WSGAME responsible for any in-game feature or item loss. WSGAME does not guarantee the availability of any in-game items, any Services or any levels to players.
10. Disclaimer of Warranties
you expressly understand and agree that:
(a) your use of the website is at your sole risk. the website is provided on an "as is" and "as available" basis. wsgame and its subsidiaries, affiliates, officers, employees, wsgaments, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) wsgame and its subsidiaries, affiliates, officers, employees, wsgaments, partners and licensors make no warranty that (I) the website will meet your requirements; (II) the website will be uninterrupted, timely, secure or error-free; (III) the quality of any products, services, information or other material purchased or obtained by you through the website will meet your expectations; and (IV) any errors in the software will be corrected.
(c) any material downloaded or otherwise obtained through the use of the website is accessed at your own discretion and risk, and you will be solely responsible for any damwsgame to your computer system or loss of data that results from the download of any such material.
(e) a small percentwsgame of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the website. certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. if you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
11. Limitation of Liability
you expressly understand and agree that wsgame and its subsidiaries, affiliates, officers, employees, wsgaments, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damwsgames, including, but not limited to, damwsgames for loss of profits, goodwill, use, data or other intangible losses (even if wsgame has been advised of the possibility of such damwsgames), resulting from: (I) the use or the inability to use the website; (II) statements or conduct of any third party on the website; or (III) any other matter relating to the website. Some states do not allow the foregoing limitations of liability, so they may not apply to you and in such a case you agree that WSGAME's (or any such other released parties) liability to you shall be limited to the maximum extent permitted by law. You agree that WSGAME cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Services.
12. Dispute Resolution
If a dispute arises between you and WSGAME, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and WSGAME agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or our Service (a "Claim") in accordance with one of the subsections below.
(a) This Agreement and the relationship between you and WSGAME shall be governed in all respects by the laws of the State of California without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
(b) You and WSGAME agree to submit to the exclusive jurisdiction and venue of the courts located in Santa Clara County, California, except as provided in subsection 17(c) below regarding optional arbitration. Notwithstanding this, you agree that WSGAME shall still be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
(c) For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) All Claims you bring against WSGAME must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to this Dispute Resolution Section, WSGAME may recover attorneys' fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that WSGAME has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
You agree to comply fully with all relevant export laws and regulations of the United States ("Export Laws") to assure that neither the Software nor the Services are exported, directly or indirectly, in violation of Export Laws; or are intended to be used for any purposes prohibited by the Export Laws. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise permitted herein, you may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of WSGAME shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of WSGAME.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is the complete and exclusive statement of the agreement between you and Aeria Games & Entertainment concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and WSGAME; provided, however that this Agreement is in addition to, and does not replace or supplant, the applicable EULA. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.
14. Returns And Refunds
All purchases made on wsgame.com, any of its related subdomains or game pages are nonrefundable. By making a purchase all users you accept this Refund policy. Any user unwilling to accept or who does not click the "I have read the Refund Policy" check box will be unable to make purchases from Wsgame.com. The act of downloading, viewing, or using electronic purchases constitutes acceptance of this Agreement. All sales are final. Any account(s) whose purchase(s) is disputed or charged back via one of WSGame.com's Payment Processing Partners, will be subject to suspension or termination. If for some reason, WSGame.com is not able to deliver your purchase in a timely manner, Wsgame will grant a chargeback or refund through the Payment Processing Partner used in the original transaction. All of these matters will be dealt with through Wsgame.com's Customer Service Department.
Thank you again for visiting our Website. We hope you enjoy your stay and take full advent WSGame of the online community we are developing