IMPORTANT NOTICE: For U.S. and Canadian residents, you also agree that disputes with Marvensoft must be resolved on an individual basis
* Using the Service
* Your Right to Use the Service
The following restrictions apply to the use of the Service:
* You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (such as Paypal) by minors.
* You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
Any use of the Service in violation of these Use Limitations is strictly prohibited, can result in the immediate revocation of your limited right and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
* Engage in any act that Marvensoft deems to be in conflict with the spirit or intent of the Service or make improper use of Marvensoft's support services.
* Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Marvensoft game or any Marvensoft game experience.
* Modify or cause to be modified any files that are a part of the Service or any Marvensoft game without Marvensoft's express written consent.
* Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing Marvensoft's games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
* Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any Marvensoft game environment.
* Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
* Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
* Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Marvensoft employees, including Marvensoft's customer service representatives.
* Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Marvensoft employee.
* Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Marvensoft game, or to obtain any information from the Service or any Marvensoft game using any method not expressly permitted by Marvensoft.
* Use any Marvensoft game for gambling, betting or any similar activity in which prizes or rewards can be won (directly or indirectly), including betting on the outcome of matches in which you participate as a player, irrespective of whether or not there is a fee or stake involved.
Marvensoft reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your right to use the Service or a part thereof will be automatically terminated. In such event, Marvensoft shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service
All rights, title and interest in and to the Service (including without limitation any games, 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 of games played using a Marvensoft game client, and the Marvensoft game clients and server software) are owned by Marvensoft. Marvensoft reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
Marvensoft owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Marvensoft games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual items, content, features, goods, services or currency appearing or originating in any Marvensoft game, whether earned in a game or purchased from Marvensoft, or any other attributes associated with an Account or stored on the Service.
* Your License to Marvensoft
* User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Marvensoft games. Marvensoft reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Marvensoft to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Marvensoft access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable right to use (a) virtual currency, including but not limited to virtual cash or diamonds, all for use in Marvensoft games; (b) virtual in-game items, content or features; and (c) other goods or services (points a – c are jointly referred to as "Virtual Items"). You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way. Marvensoft may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. Marvensoft shall have no liability to you or any third party in the event that Marvensoft exercises any such rights.
The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to Marvensoft, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Marvensoft games is a service provided by Marvensoft that commences immediately upon acceptance by Marvensoft of your purchase.
* Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Marvensoft may revise the pricing for the Virtual Items offered through the Service at any time. YOU ACKNOWLEDGE THAT Marvensoft IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS.
* Updates to the Service
You understand that the Service is an evolving one. Marvensoft may require that you accept updates to the Service and to Marvensoft's games you have installed on your device or computer. You acknowledge and agree that Marvensoft may update the Service and Marvensoft games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Marvensoft games.
*Disclaimer of Warranties
WITHOUT LIMITING Marvensoft'S LIABILITY , THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Marvensoft DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
* Dispute Resolution
* Informal Dispute Resolution
You must try to informally resolve any dispute directly with Marvensoft for at least thirty (30) days before you start an arbitration. The informal dispute resolution process starts when you give Marvensoft written notice of the dispute through firstname.lastname@example.org.
* Applicable Law
* Venue for Disputes Not Subject to Arbitration
If you are a resident of the United States or Canada, you agree that any claim or dispute you may have against Marvensoft that is not subject to arbitration under Section 8 must be resolved exclusively by a federal or state court located in San Francisco, California. You and Marvensoft consent to venue and personal jurisdiction in San Francisco, California for all such claims or disputes.
If you are a resident outside of the United States and Canada, you agree that any claim or dispute you may have against Marvensoft must be resolved exclusively by a court located in Zutphen, Netherlands
* General Provisions
* Supplemental Policies
* Entire Agreement
* No Waiver
* Force Majeure
Marvensoft shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Marvensoft, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Marvensoft'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.