Table of Contents
- 1.Grant of a Limited License to Use the Service
- 2.Additional License Limitations
- 4.Use of the Service by Minors
- 5.Accessing the Service
- 6.Termination of Service
- 9.Restrictions and Conditions of Use
- 10.Limitation of Liability
1. Grant of a Limited License to Use the Service. Subject to the terms and conditions of this Agreement and your agreement to and continuing compliance with this Agreement, NeocoreGames hereby grants you a revocable, non-transferable, non-sublicensable and non-exclusive license to use the Service solely for your own non-commercial entertainment purposes by accessing it with a web browser or an authorized, unmodified Game client.
2. Additional License Limitations. The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of the Service or any Game in violation of the License Limitations will be regarded as an infringement of NeocoreGames’ copyrights in and to the Service and/or Game. You agree that you will not, under any circumstances:
2.1 create or use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Service, any Game or any Game experience;
2.2 exploit the Service, a Game or any part thereof for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other commercial establishment without the express written consent of NeocoreGames, unless otherwise stated in a EULA; (b) to communicate or facilitate any commercial advertisement or solicitation; (c) for gathering in-game currency, items or resources for sale outside the Game without NeocoreGames’ authorization; (d) selling or trading accounts for the Service and/or a Game; or (e) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
2.3 use the Service for any “e-sports” or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without NeocoreGames’ prior written consent;
2.4 buy or sell for real money or in exchange for in-game currency, items or resources that may be used in a Game outside the Game without NeocoreGames’ authorization;
2.5 let any third party (except for a minor as stipulated under Section 4 below) use your account on the Service or for a Game;
2.6 use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through any Game or the Service, including without limitation any software that reads areas of RAM used by any Game or the Service to store information about a character or a Game environment;
2.7 modify or cause to be modified any files that are a part of any Game or the Service in any way not expressly authorized by NeocoreGames;
2.8 host, provide or develop matchmaking services for any Game or the Service, or intercept, emulate or redirect the communication protocols used by NeocoreGames in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
2.9 facilitate, create or maintain any unauthorized connection to any Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service or any Game; and (b) any connection using programs or tools not expressly approved by NeocoreGames; or
2.10 disrupt or assist in the disruption of (i) any computer used to support the Service or any Game environment (each a "Server"); or (ii) any other player's Game experience.
5. Accessing the Service.
5.1 Account Eligibility. You may establish an Account only if you are a “natural person” and 13 years of age or older. Note that certain features of the Service, or Games playable on the Service, may not be available to minors. Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account. Individuals prohibited by NeocoreGames from using the Service may not create or use an Account. By accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements. If at any time NeocoreGames becomes aware that you have registered an Account without meeting the foregoing requirements, NeocoreGames reserves the right to take steps to suspend, terminate and/or delete the Account.
5.2 Establishing an Account. When creating or updating a Neocore Account on the Service, you are required to provide certain personal information such as but not limited to your name or email address. You agree that you will supply accurate and complete information to NeocoreGames when requested, and that you will update that information promptly after it changes.
5.3 Username and Password. During the Account creation process, you may be required to select a unique username and/or a password (collectively referred to hereunder as "Login Information"), and you may not share the Account or the Login Information with anyone other than as expressly set forth herein. You are responsible for maintaining the confidentiality of the Login Information, and, provided that you act negligently or willfully, you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify NeocoreGames via e-mail at [email protected].
6. Termination of Service.
6.2 You are entitled to terminate this Service at any time by ceasing all use of the Service, except, however, products purchased on the Service.
NeocoreGames may, from time to time, change or modify this Agreement. In this case NeocoreGames will notify you of any such changes or modifications by providing special notice. If you do not object to the amended Agreement within one (1) month following the special notice, your continued use of the Service will mean that you accept the amended Agreement. With the special notice NeocoreGames will remind you that your continued use after the expiration of one (1) month following the special notice means that you accept any and all changes. Those changes or modifications will not affect essential characteristics of the service.
8.1 Game clients and Service. The Game clients and the Service (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings or replays of Games, and the Game client and server software) are copyrighted works owned by NeocoreGames and its licensors. NeocoreGames reserves all rights in connection with the Games and the Service, including without limitation the exclusive right to create derivative works.
8.2 Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall forever be owned by and inure to the benefit of NeocoreGames. NeocoreGames does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void.
8.3 Virtual Items. NeocoreGames owns, has licensed, or otherwise has rights to all of the content that appears in the Service or the Games. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in any Game, or any other attributes associated with the Account or stored on the Service. NeocoreGames does not recognize any purported transfers of virtual property executed outside of a Game, or the purported sale, gift or trade in the "real world" of anything that appears or originates in a Game, unless otherwise expressly authorized by NeocoreGames in writing.
9. Restrictions and Conditions of Use.
9.1 No Violation of Laws. You agree that you will not, in connection with your use of a Game client or the Service, violate any applicable law or regulation.
9.2 Misuse of Service. You may not connect to or use the Service in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Service or otherwise attempt to disrupt the Service or any other person's use of the Service; or (b) attempt to gain unauthorized access to the Service, Accounts registered to other players, or the computer systems or networks connected to the Service.
9.3 No Data Mining. You agree that you will not (a) obtain or attempt to obtain any information from the Service or any Game using any method not expressly permitted by NeocoreGames; (b) intercept, examine or otherwise observe any proprietary communications protocol used by a client or the Service, whether through the use of a network analyzer, packet sniffer or other device; (c) use any third-party software to collect information from or through a Game client or the Service, including without limitation information about your character, any Account registered to you, virtual items, other players, or other Game data.
9.4 User Content. “User Content” means any communications, images, videos, sounds, and all the material and information that you upload or transmit through a Game client or the Service, or that other users upload or transmit, including without limitation any chat text. You hereby grant NeocoreGames a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license, including the right to sublicense to third parties, and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.
9.5 Collection of Non-Personal Data. NeocoreGames shall have the right to obtain "non-personal" data from your connection to the Service in order to make certain demographic assumptions regarding the users of Service without any further notice to you.
9.6 Content Screening and Disclosure. NeocoreGames does not, and cannot, pre-screen or monitor all User Content. However, if NeocoreGames becomes aware of unlawful or illegal User Content, this content will be deleted or access to such content will be blocked.
10. Limitation Of Liability; Sole And Exclusive Remedy; Indemnification.
10.1 NeocoreGames is liable in accordance with statutory law (i) in case of intentional breach, (ii) in case of gross negligence, (iii) for damages arising as result of any injury to life, limb or health or (iv) under any applicable product liability act. Gross negligence refers to an action or omission of significant carelessness, demonstrating a clear disregard of one’s basic duties.
10.2 Without limiting the liability under Article 10.1. above, NeocoreGames is only liable for slight negligence in case of a breach of a material contractual obligation. Material contractual obligation means any obligation (i) which is necessary for the fulfilment of the Agreement, (ii) the breach of which would jeopardize the purpose of the Agreement and (iii) the compliance with which one may generally trust in. In such cases, the liability will be limited to the typical and foreseeable damages. Slight negligence means any negligence which is not gross negligence.
11.1 Assignment. NeocoreGames may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent, as long as the assignment does not reduce your rights. You may not assign this Agreement without NeocoreGames’ prior written consent, and any unauthorized assignment by you shall be null and void.
11.2 Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.
11.3 Attorneys' Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
11.5 No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
11.6 Notices. All notices given by you or required under this Agreement shall be in writing and addressed to:
NeocoreGames Publishing Ltd., Becsi ut 3-5., IV./ 1st fl, 1023 Budapest, Hungary
11.7 Equitable Remedies. You hereby agree that NeocoreGames would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
11.8 Force Majeure. NeocoreGames shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of NeocoreGames, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond NeocoreGames' control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, or accidents.