or communications networks or devices, and events beyond our direct and reasonable control shall not constitute our
breach of warranty of this Agreement.
15. You may not buy, sell, transfer (except as expressly provided in paragraph 9) or auction (or host, facilitate or act
as a broker or intermediary, compensated or otherwise, for others to buy, sell, transfer (except as expressly provided
in paragraph 9) or auction) any Account or any online Game characters, items, credits or copyrighted material. This
includes all intellectual property owned or controlled by us or our licensors or affiliates. YOU MAY NOT TRANSFER
OR ATTEMPT TO TRANSFER ANY OF OUR RIGHTS, TITLE OR INTEREST, IN OR TO THE PRODUCT , INCLUDING, BUT
NOT LIMITED TO, THE SOFTWARE, THE GAME, THE GAME CONTENTS, OR THE SYSTEM AND ANY SUCH
ATTEMPTED TRANSFER SHALL BE VOID AND NOT BE BINDING ON US. THE PROCEEDING NOTWITHSTANDING,
ANY NON-SANCTIONED TRANSFER OR ATTEMPTED TRANSFER OF AN ONLINE ACCOUNT SHALL BE ENTIRELY AT
THE RISK OF THE PARTIES TO SUCH A TRANSACTION, AND IN NO CIRCUMSTANCES SHALL WE BE HELD
RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY ACTS, OMISSIONS, STATEMENTS, REPRESENTATIONS, DEFAULTS OR LIABILITIES OF THE PARTIES CONNECTED TO SUCH A TRANSACTION. THIS DISCLAIMER SHALL BE CONSIDERED INDEPENDENT OF ANY OTHER LIMITATIONS ON LIABILITY SET FORTH HEREIN.
16. By accepting this Agreement, you acknowledge and agree that your Account and all attributes of it, including any
and all guilds, groups, titles, online characters (including all objects, currency and items acquired, developed or delivered by or to the character over the course of Game play) and any information downloaded from, uploaded to, accessible
from, or associated with the System and the Game, including any Character Variations (see paragraph 12), constitute
“Game Content” and that all Game Content is our sole and exclusive property, including any and all copyright and intellectual property rights in, to, or associated with any and all of the same. As such, you agree hereby irrevocably and permanently assign to us any and all right, title and interest you may have, including copyrights, in or to any and all files,
data, or information associated with any guild, groups, titles, characters or other attributes of your Account, together with
all objects, currency and items acquired, developed or delivered by or to any characters in your Account.
17. Acceptance of this Agreement and establishment of an Account does not entitle you to any subsequent releases of
the Software, any expansions or similar ancillary products. Though we may update, modify, or otherwise enhance the
Software version you purchased at any time, we incur no obligations to furnish such updates to you pursuant to this
Agreement.
18. As the holder of a valid, full-paid Account, you may add content to the System in various forms, such as online
messages and chat, and communications in Game-supported chat rooms and similar user-to-user areas (collectively,
“User Content”). The following terms and conditions apply to any User Content you create, communicate or post to
the System. Your User Content shall not: (i) infringe upon the intellectual property, proprietary, privacy or publicity
rights of any third party; (ii) violate any law, rule or regulation or this Agreement or the spirit of it; (iii) be defamatory,
indecent, obscene, pornographic or harmful to minors; or (iv) contain any viruses, Trojan horses, worms, disabling
code, time bombs, cancelbots or other computer programming or routines that are intended to damage, detrimentally
interfere with, monitor, decrypt, intercept or expropriate any system, data or information. We may take any action we
deem appropriate with respect to any User Content that we believe, in our sole discretion, may expose us or our affiliates to liability, or otherwise damage our relationship and/or access to ISPs, suppliers, licensors, licensees or other
users of the System, Product or Game. As to all User Content, you hereby exclusively grant and irrevocably assign to
us all rights of any kind or nature without limitation and including all ancillary and subsidiary rights (such as merchandising and interactive media rights) in any language and media now known or hereafter developed. These rights
are granted to us exclusively, perpetually, worldwide, royalty-free and irrevocably, and they may be assigned or fully
sublicensed (through multiple tiers) by us. We may exercise all intellectual property rights in, and to, all or any part
of any User Content, in any language or any medium now known or hereafter developed, subject only to those restrictions and limitations imposed by or under applicable law. We do not, as a matter of policy, prescreen all User Content
nor do we evaluate or bear any risk associated with the accuracy, completeness or usefulness of any Game or User
Content; we do, however, reserve the right to remove any User Content at any time which we deem to be harmful, offensive or otherwise in violation of law or this Agreement.
19. We cannot, and do not, ensure privacy regarding any communications you make while online in the Game, whether
through private in-game messaging or in open “chat,” or in chat rooms. You should never provide any personally
identifiable or private information to any other player while in the Game and you acknowledge that we are not responsible for the consequences of any such disclosure by you. Furthermore, you understand that, while we may actively
monitor all in-Game communications to order to enforce reasonable compliance with our various gaming policies and
10. You may not: (i) copy (other than once for back-up) , sell, rent, loan, lease, sublicense, transfer (except as expressly
provided in paragraph 9), distribute, publicly display, create derivative works or otherwise commercially exploit all or
any portion of the Software; (ii) delete or obscure any copyright, trademark or other proprietary notice on the Software
or Documentation; (iii) attempt to reverse engineer, disassemble, decompile, modify or reproduce the Software unless
specifically authorized to do so by us or as explicitly allowed hereunder or by applicable law; (iv) transmit the Software
from one computer over a network, by telephone or electronically using any means, except as expressly allowed in the
course of your network multi-player use of the Software over authorized networks; or (v) use any backup copy of the
Software for any purpose other than to replace the original copy in the event it is destroyed or becomes defective. Note:
The Software may contain licensed management technology that you are prohibited from circumventing and/or disabling. Any attempt to do so will be considered a breach of this Agreement and may subject you to disciplinary actions,
up to and including suspension of your Account without refund and immediate banning from the Game and the System.
11. The Product, including the Software, artwork, music and other components included in the Product, is protected
by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. We retain
all rights, title and interest, including, without reservation, ownership of all intellectual property rights relating to, or
residing within the Product or System (including, but not limited to, the Software, any Character Variations (as defined
in paragraph 12), images, photographs, animations, video, music, text and “applets” incorporated therein, and any
printed materials accompanying the Software, code, programs, routines, subroutines, objects, files, data, online characters (including all items, currency, objects, attributes and appearances comprising or associated with the character),
Accounts and any and all information uploaded to, downloaded from, accessible through, or associated with the
System and the Game, including, but not limited to, all graphics, sound effects, music, animation-style video and text,
some or all of which may have been developed by us or provided to us under license from independent content
providers (collectively, the “Game Content”) and all other aspects of the Product), which are and shall remain, as
between you and us, owned by us or our licensors. This includes all updates to and copies of the foregoing as well
as any character data contained within or connected to the Game. By accepting this Agreement, you acknowledge that
you have not and will not attempt to acquire or obtain any intellectual property or other rights, including any right of
exploitation, of any kind relating to, in or concerning the Product or the System or any portion or component of either,
including, but not limited to, the artwork, music or other components of the Game. This includes the accompanying
CD-ROM, the box, the box contents and Documentation, the Game itself or the network System, including, without limitation, any character(s), item(s), coin(s) or other material or property exclusively owned by us.
12. You may not attempt to modify the Software in any way in order to change Game play. This includes, but is not
limited to, the use of any sort of game-hacking/altering/cheating software or tools as well as any scripting or macroing tools, hardware or software, whether created by you or obtained from a third party. Should you modify or attempt
to modify the Software, we are not responsible for, nor under any obligation to fix, any resulting damage done to your
Account files or any denigration of your ability to play the Game. Any unauthorized modification of the Software is
grounds for immediate disciplinary action, up to and including cancellation of your Account and permanent banning
from the Game. Subject to this Agreement, including, but not limited to the below restrictions, you may modify the
appearance or attributes of the Game’s online characters and/or their items (“Character Variations”). Your Character
Variations: (i) must not contain modifications to any executable file; (iii) must not infringe or violate the rights of any
third party, or contain any libelous, defamatory or other illegal material, material that is scandalous or invades the
rights of privacy or publicity of any third party; (iv) must not contain any trademarks, copyright-protected work or other
property of any third party; and (v) may not be commercially exploited by you, including but not limited to making such
Character Variations available for sale or as part of a pay-per-play or timesharing service.
13. You may not attempt to play the Game on any server that is not controlled or authorized by us, or our designees,
nor may you create, host, link to, use or provide any server emulator or other site where the Game may be played. Any
attempt to post or distribute any utilities, emulators or other software tools related to the Game without our express
written permission is strictly prohibited.
14. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable ability to control.
We cannot, and do not, promise or ensure that you will be able to access your Account whenever and wherever you
want. By accepting this Agreement, you acknowledge that there may be extended periods of time when you cannot
access your Account and that you will not hold us liable for such periods of System inaccessibility. Failures to access
your Account consistent with any standards applicable to the on-line information services industry, interruptions of
service caused by scheduled or emergency downtime, needs for maintenance, failures of equipment, computer programs
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