THIS TERMS OF USE AGREEMENT (THIS "AGREEMENT") DESCRIBES THE TERMS ON WHICH PROFESSIONALKO, INC. ("PROFESSIONALKO") OFFERS YOU ACCESS TO AN ACCOUNT (THE "ACCOUNT") TO PLAY THE PROFESSIONAL KNIGHTS ONLINE COMPUTER GAME AND ITS EXPANSION PACKS (INDIVIDUALLY AND COLLECTIVELY, THE "GAME"). BY PRESSING THE "I ACCEPT" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. BY PRESSING THE "DECLINE" BUTTON, YOU DECLINE OUR OFFER, IN WHICH CASE YOU SHOULD UNINSTALL THE GAME. If you have any questions regarding these terms and conditions, please contact customer service.
You agree that ProfessionalKO retains the unfettered right to modify its game and all aspects of characters, items and coin (collectively, "Virtual Goods") therein. You acknowledge that ProfessionalKO has been, is, and will be constantly making changes to its game. You further acknowledge that ProfessionalKO can and will, in its discretion, modify features, functions or abilities of any element of the game or any Virtual Goods (which may, among other things, make the Virtual Goods substantially more effective or functional, or less effective or functional, more common or less common, or eliminated entirely).
YOU PROMISE, THEREFORE, THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM OR SUIT AGAINST PROFESSIONALKO, ITS LICENSORS, OR ANY EMPLOYEES OF ANY OF THE ABOVE, WHICH IS RELATED TO OR BASED ON (I) A CLAIM THAT YOU "OWN" ANY VIRTUAL GOODS IN ANY GAME, (II) A CLAIM FOR THE "VALUE" OF VIRTUAL GOODS IF PROFESSIONALKO DELETES THEM (AND/OR TERMINATES YOUR ACCOUNT(S)) IF YOU OR ANYONE ACTING IN CONCERT WITH YOU VIOLATES ANY PROVISION OF THIS AGREEMENT, THE GAME'S RULES OF CONDUCT, PROFESSIONALKO'S TERMS OF SERVICE AND/OR PROFESSIONALKO'S PRIVACY POLICY (ALL OF WHICH ARE POSTED AT A LINK AT WWW.PROFESSIONALKO.COM), (III) A CLAIM FOR THE "VALUE" OF VIRTUAL GOODS THAT YOU MAY LOSE IF PROFESSIONALKO DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO ANY PROVISION OF THIS AGREEMENT, THE GAME'S RULES OF CONDUCT, PROFESSIONALKO'S TERMS OF SERVICE AND/OR PROFESSIONALKO'S PRIVACY POLICY, OR FOR ANY MALFUNCTIONS AND/OR "BUGS" IN THE GAME, AND/OR (IV) A CLAIM THAT THE "VALUE" OF ANY VIRTUAL GOODS HAS INCREASED OR DECREASED BY VIRTUE OF ANY GAME MODIFICATION THAT PROFESSIONALKO HAS MADE OR WILL MAKE.
1. Accounts are available only to adults or, in their discretion, their minor child. If you are a minor, your parent or guardian must complete the registration process, in which case they will take full responsibility for all obligations under this Agreement. By clicking the "I Accept" button, you represent that you are an adult and are either accepting this Agreement on behalf of yourself or your child. You may not transfer or share your Account with anyone, except that if you are a parent or guardian, you may permit one child to use the Account instead of you (in which case you may not use that Account). You are liable for all activities conducted through the Account, and parents or guardians are liable for the activities of their child. Corporations and other entities are not eligible to procure Accounts. You shall not own any Account you create and such Accounts shall be the sole property of ProfessionalKO.
2. To play the Game, you must (a) receive through ProfessionalKO's software applicable files which we may make available for direct download, which includes game patches required for the Game (the "Software"), and (b) have at least the minimum system requirements to operate the Game and an Internet connection (both of which we do not provide) to access your Account. In addition to any fees described herein, you are responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware, software, service and other costs you incur to access your Account. Neither this Agreement nor your Account entitles you to any subsequent releases of the Software, nor to any expansion packs or similar ancillary products, without paying applicable charges. You understand that we may update or otherwise enhance the Software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement. You understand that online games evolve over time and, accordingly, system requirements to play the Game may change over time.
3. We may amend this Agreement at any time in our sole discretion. Amendments shall be communicated to you at the time you log into your Account. Such amendments shall be effective whenever we make the notification available for your review.
4. To obtain an Account, you will be required to choose a user name which will comply with the naming conventions listed below. You are encouraged to use a pseudonym or gibberish, especially if you are a minor. User names shall not: (1) contain names that are associated with ProfessionalKO, its affiliates or employees; (2) contain swear words or derogatory remarks in any language; (3) infringe on the rights of another living person or entity; (4) contain names of celebrities or media personalities; (5) violate anyone's trademarks, publicity rights or other proprietary rights; (6) be associated with any religion, religious practice or deity; (7) be related to alcohol, illegal substances, sex or any criminal activity; (8) [be a partial or complete sentence]; (9) contain leet speak; (10) contain titles or rank (i.e. king, general, duke, etc.); and (11) utilize a misspelling or other tool or method to circumvent the naming restrictions herein.
5. Upon registration, you must select a password. You are responsible for the security of your password and should not disclose your password to any third party. We never ask you for your password by telephone, in–game communication, live–chat or email, and you should not disclose it this way if someone asks you to do so. Although we may offer a feature that allows you to "save" or "remember" your password on your hard drive, please note that by using this feature third parties may be able to access your computer and thus your Account. ProfessionalKO is not responsible for any transactions reflected in your Account resulting from your sharing or your password or third party access to your account. You are also required to provide complete and accurate data which may include, without limitation, your name, address, telephone number, billing address, e–mail address and date of birth. If you provide inaccurate information, your Account may be suspended or terminated. If you believe that your password or other account information has been compromised, please contact our customer service.
6. We may terminate this Agreement (including your Software license and your Account) and/or suspend your Account immediately and without notice: (i) if you violate any provision of this Agreement; (ii) infringe any third party intellectual property rights; (iii) if we are unable to verify or authenticate any information you provide to us; (iv) upon game play, chat or any player activity whatsoever which we, in our sole discretion, determine is inappropriate and/or in violation of the spirit of the Game; and/or (v) upon any violation of the Game rules of conduct. If we terminate this Agreement or suspend your Account under these circumstances, you will lose access to your Account for the duration of the suspension and/or the balance of any prepaid period without any refund. We may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Game, in which case we may provide you with a prorated refund of any prepaid amounts.
7. Subject to the terms of this Agreement, we hereby grant to you a non–exclusive, non–transferable, revocable license to use the Software solely in connection with playing the Game via an authorized Account. You may not copy [(except to make one necessary back–up copy)], distribute, sell, auction, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer all or any portion of the Software. You may not copy any of the written, digital or electronic materials accompanying the Software unless we expressly permit you to do so in writing, and then only to the extent permitted. You may not reverse engineer, disassemble or decompile the Software except to the extent that this restriction is expressly prohibited by applicable law. The Software may contain license management software that restricts your use of the Software.
8. We shall retain all rights, title and interest, including, without limitation, ownership of all intellectual property rights relating to or residing in the Software and the Game, all copies thereof, and all game character data in connection therewith. You acknowledge and agree that you have not and will not acquire or obtain any intellectual property or other rights, including any right of exploitation, of any kind in or to the Software or the Game, including, without limitation, in any artwork, music, character(s), item(s), coin(s) or other material or property, and/or any compilation or copyrightable arrangement of any of the above (collectively, "Rights"), and that all such property, material, items and Rights are exclusively owned by us – except solely as ProfessionalKO may permit you to exploit Virtual Goods.
9. You agree to not use any software to modify the Software to change Game play. You agree to not create, facilitate, host, link to or provide any other means through which the Game may be played by others, such as through server emulators. You agree to not decrypt or modify any data transmitted between client and server and you may not use, post, host or distribute macros, "bots" or other programs which would allow unattended game play or which otherwise impact or alter game play. You agree to not use or exploit any errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available to users, or to obtain a competitive advantage over other players. You agree to not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You agree to use the service only for its intended purpose. Except in connection with Virtual Goods, you may not buy, sell or auction (or host or facilitate the ability to allow others to buy, sell or auction) any Game account, characters, items, coin or copyrighted material or any other intellectual property owned or controlled by us or our licensors without first obtaining our express written permission.
10. As part of your Account, you can upload content to our servers in various forms, such as in the selections you make for the Game, in–game posts and chat, and in chat rooms and similar user–to–user areas (collectively, your "Content"). Your Content shall not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, profane, obscene, pornographic or harmful to minors; or (d) contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You hereby grant to us a worldwide, perpetual, irrevocable, royalty–free, sublicenseable (through multiple tiers) right to exercise all rights of any kind or nature associated with your Content, including, without limitation, all intellectual property rights, and all ancillary and subsidiary rights thereto, in any languages and in any media now known or not currently known. At our discretion, we may take any action with respect to your Content, including actions to censor your content, if we deem such Content offensive, including without limitation, Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit or racially, ethnically or otherwise objectionable, or if we believe such Content may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You acknowledge and agree that you shall not (1) disrupt the natural flow of Content provided by other users through the use of spamming, scrolling or other disruptive devices, (2) advertise goods or services existing outside of the service provided herein, (3) harass any other user by repeatedly sending unsolicited Content, (4) divulge any other user's personal information, (5) use any automated device or software that allows unattended communication, (6) cause distress or discomfort or impede the enjoyment of any other user through any use of any chat interface, and (7) use any part of the Game to defraud any other user of items, monetary devices, user names or passwords, or to engage in any illegal activity.
11. We cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries. Furthermore, if you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that we may communicate with you via telephone, email and any similar technology for any purpose relating to the Game, the Software and any services or software which may in the future be provided by us or on our behalf. You may choose to visit www.professionalko.com or other ProfessionalKO web sites if such web sites offer services such as a Game themed chat room or other services of interest to you. You are subject to the terms and conditions, privacy customs and policies of ProfessionalKO while on such web sites and in connection with use of your Account and the Game, which terms and conditions, policies and customs are incorporated herein by this reference. Since we do not control other web sites and/or privacy policies of third parties, different rules may apply to their use or disclosure of the personal information you disclose to others. Solely for the purpose of patching and updating the Game and/or Software and ensuring the integrity of the Game, you hereby grant us permission to (i) upload Game–related file information and data from the Game directory and (ii) download Game files to you. You acknowledge that any and all character data is stored and is resident on our servers, and any and all communications that you make within the Game (including, but not limited to, messages solely directed at another player or group of players) traverse through our servers, may or may not be monitored by us or our agents, you have no expectation of privacy in any such communications and expressly consent to such monitoring of communications you send and receive.
WE PROVIDE THE SOFTWARE, THE ACCOUNT, THE GAME AND ALL OTHER SERVICES "AS IS." WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error–free, secure or virus–free operation of the Software, the Game, your Account or continued operation or availability of any given server. Some states do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, we cannot and do not promise or ensure that you will be able to access your Account whenever you want, and there may be extended periods of time when you cannot access your Account. You assume the entire risk as to the results and performance of the Software and the Game in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software.
12. IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, YOUR ACCOUNT, THE GAME, OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND—TO THE EXTENT PERMITTED BY APPLICABLE LAW—DAMAGES FOR PERSONAL INJURY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF PROFESSIONALKO TO YOU OR ANY THIRD PARTIES IS LIMITED TO $[100]. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST PROFESSIONALKO, TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE PROFESSIONALKO FROM SEEKING ANY INJUNCTIVE RELIEF.
13. You shall comply with all applicable laws regarding your use of the Software, your access to your Account and your playing of the Game. Without limiting the foregoing, you may not download, use or otherwise export or re–export the Software except in full compliance with all applicable laws and regulations.
14. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. 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. 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. Except as provided in section 3 herein, this Agreement may not be amended except in a writing signed by both parties.
In order to expedite and control the cost of disputes, you and ProfessionalKO agree that we will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least 30 days after one of us notifies the other of a Claim in writing. ProfessionalKO will send its notice to your billing address, with a copy via email to your email address. You will send your notice to ProfessionalKO, Inc., professionalko at yahoo dot gr Attn: Legal Department.
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning about these protections, information is available at https://www.consumer.ftc.gov/articles/0029-parental-controls or other similar sites providing information on such protections.
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