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 END USER AGREEMENT (THE "AGREEMENT")
April 2009 This Agreement applies to the following web sites (the "Web Sites") operated by Fiaa GmbH. (The "Company"): fiaa.eu. In addition, the Company owns several other domain names that point to the Web Sites listed above, and the Company will from time to time add new sites that may or may not be listed above. Please note that this Agreement applies only to sites maintained by the Company and not to web sites maintained by other companies or organizations to which we link.
1.TERMS OF AGREEMENT
(a) Terms of Agreement. The Company offers to allow you to play its online computer games (the Games) conditioned on your agreement to all of the terms and conditions contained in this Agreement and your compliance with the posted Rules of Conduct. If you agree with the Agreement, please click on the "I agree to this USER AGREEMENT" button provided at the end of this Agreement and the "I agree to this PRIVACY POLICY" button. If you have any question regarding any of mentioned terms and conditions or the Rules of Conduct, please feel free to contact the customer service section on our website: http://operation7.fiaa.eu.
(b) Amendments. The Company may amend or revise the Agreement or modify the Rules of Conduct at any time in its sole discretion on its website via
(1) Amended Agreements at http://operation7.fiaa.eu.
(2) Modified Rules of Conducts at http http://operation7.fiaa.eu Such amendment or revision to the Agreement and modification to the Rules of Conduct shall be effective immediately upon posting on the following web site: http://operation7.fiaa.eu You hereby agree to review the Agreement and the Rules of Conduct by accessing the above web site (http://operation7.fiaa.eu) periodically to be informed of any possible revision and modification. Your use of the Games after the effective date of any amendment to the Agreement or modification to the Rules of Conduct will be regarded as an acceptance of all amendment and modification. Should you not agree to the revised terms and conditions, please feel free to contact the Company immediately to discuss about the closure of your policy.
2.DESCRIPTION OF SERVICE
The Company offers various games as a free online game service (the "Service") accessible via the internet at the Web Sites with sales of various game items for your additional interest. Secondly, it reserves the right to change the URL address of the website at any time upon the necessity. In order to use the Service, you need to download the software available on its Websites for an installation of the necessary components. (the "Software") Furthermore, an establishment of an policy (the "policy") is necessary for those who wish to use the subject service, and the Company shall not be responsible for any fees and charges incurred in any, if not all, of an establishment/usage/termination of your Internet Service. The Web Sites is an active part of the Service, and any use of the Website shall be governed by the same terms and conditions of this Agreement and the Rules of Conduct.
3.LICENSE TO USE
Subject to the terms of this Agreement, the provided service should be for your personal use only, a none-exclusion, revocable, nontransferable license to use the Service, and a non-exclusive, revocable, nontransferable license to use the Software in connection with the Service. You may not sublicense, rent, lease, loan or otherwise transfer the Software or the Service. In addition, you may not modify, adapt, reverse engineer or otherwise attempt to derive source code from the Software; or otherwise use the Software or the Service except as expressly provided in this Agreement.
4.ACCOUNT
(a) Eligibility. Individuals with all age are eligible to establish the policy. However, if you are less than 18 years of age and wish to use the Service, we recommend that your parent(s) or guardian(s) complete the registration process by opening an policy with their name(s) and accepting full responsibility for all obligations stated on the subject Agreement. If some games could not be eligible be serviced to people with certain age then we don't provide the Service. You can verify the eligibility of game in the Web sites. Those who have completed these steps and maintained their policy in good standing will sometimes be referred as "Members" in this Agreement. And you are liable for all activities conducted through your policy.
(b) policy. At the time your policy is opened, you must choose a name (the "policy ID") to identify yourself to the staff of the Company. You may not select a name of a different person for your policy ID, a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of the Company, or which the Company deems in its discretion to be vulgar or otherwise offensive. The Company reserves the right to delete or alter any vulgar or otherwise offensive policy ID. You have sole liability for all activities conducted through your policy or under your policy ID. By accepting the terms of agreemen t, you guarantee that you do not own the policy you use to access the service, the characters created on the policy and that the Company stores on its servers, the items stored on these servers, any other data from which the servers and policys are comprised. The policy you have created will be required to logon to the service.
(c) Character Name. In order to use the service, you must create a character and choose a name (the "Character Name") for your character to identify your character to others. You may not select names of others as your Character Name or those which violate any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of the Company, or which the Company deems at its sole discretion to be vulgar or otherwise offensive. The Company reserves the right to delete, or alter any vulgar or otherwise offensive Character Name. (d) Guild Names. While accessing the service, it is possible to name your Guild. You may not name Guilds are names/descriptions/titles of others or those which violate any third party's trademark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of the Company, or which the Company deems at its sole discretion, to delete or alter any name given to a Guild or terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or trade name right, copyright, or other proprietary right.
(d) Guild Names. While accessing the service, it is possible to name your Guild. You may not name Guilds are names/descriptions/titles of others or those which violate any third party's trademark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of the Company, or which the Company deems at its sole discretion, to delete or alter any name given to a Guild or terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or trade name right, copyright, or other proprietary right.
(e) Password. At the time of an establishment of your policy, you must select a password. You are responsible for maintaining the confidentiality of your password and any harmful consequences caused by your self-disclosure, allowing others to disclose your password or an usage of your password by others in order to invade/use your policy and/or policy ID. At no time should you respond to an online request for a password. The Company never asks for your password either on offline or online. The only purpose and necessity of your password is for your log-on process.
(f) Registration Obligation. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form ("Registration Data"), and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your policy and refuse any and all current or future use of the Service.
(g) Former Members. Members whose policys have been terminated by the Company may not access the Service in any manner or for any reason, including through any other policy, without an expression in a written permission by the Company. policys accessed by former Members are subject for an immediate termination.
(h) Related policys. If the Company terminates any policy, it may also terminate any other policys accordingly if those share any of the identical member names, phone numbers, email addresses, postal addresses, Internet Protocol addresses or credit card numbers with the terminated policys.
(i) Multiple policys. The Company currently allows the establishment of more than a single policy per a Member. However, it reserves the right to limit the number of policys of each Member upon the necessity.
5. RECHARGE FOR SERVICE
Current fees for using the Service are free. You are responsible for all fees associated with your Internet connection.
6. SELLING / PURCHASING OF GAME ITEMS AND FiaaCASH
(a) Purchase of Game Items and FiaaCash. The Company may offer various game items to sell to you in the Games and on the Web Site, from time to time (The "Game Item"). In addition, the Company may offer FiaaCash to sell to you in the Games and on the Web Sites, from time to time, which can be used to purchase the Game Items in the Games (The "FiaaCash"). If you select to purchase Game Items or FiaaCash, you agree that you understand how Game Items and FiaaCash are used in the Games and are fully responsible for all the consequences related to the use or transfer of such Game Item and FiaaCash. In addition, you agree that any out-of-game or out-of-provided Web Sites selling and/or purchasing activities of Game Items and FiaaCash are strictly prohibited. GAME ITEMS AND FIAACASH YOU HAVE PURCHASED ARE NOT REFUNDABLE IN A WHOLE OR A PART FOR ANY REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION, AN INTERRUPTION OR UNAVAILABILITY OF SERVICE. By an acceptance of the terms of agreement, you also agree that Game Items and FiaaCash you have purchased are properties of the Company, and it reserves the right to alter the fees payable for new Game Items. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR policy, INCLUDING ANY UNAUTHRIZED CHARGES INCLUDING A SITUATION WHERE YOUR PAYMENT SOURCE IS BEING OR HAS BEEN USED WITHOUT YOUR INTENTION. IT SHOULD BE YOUR RESPONSIBILITY TO SECURE YOUR PAYMENT SOURCE FROM OUTSIDERS TO PREVENT ITS ABUSIVE OR UNINTENTIONAL USAGE. ALL fees shall be stated in EURO.
(b) Security and Anti-Fraud. For security and anti-fraud purposes, the Company, upon its necessity, may require purchasers of Game Items and FiaaCash to provide with personal information such as names, phone numbers, addresses, etc. Purchasers may also be required to write and sign a statement certifying that their purchases are real and valid. Failure of such activities, upon its necessity, may result in suspension of the purchaser's policy.
7. TRADING AMONG PLAYERS
Trading of Game Items between Players is permitted only through the Websites. All other trading or transference activities including, without limitation, trading of FiaaCash, policy ID, policy Names, and all out-of-game transfers, shall be strictly prohibited. The Company shall not be responsible for any losses occurred by any permitted or prohibited trading activities, and ANY AND ALL PROHIBITED CONDUCTS MAY RESULT IN AN IMMEDIATE TERMINATION OF THE policy INVOLVED IN SUCH TRADING.
8. CONTENT AND MEMBER CONDUCT
(a) Content. You acknowledge that:
(1) by using the Software and the Service, you will have an access to graphics, sound effects, music, animation-style video and text (collectively, "Content"), and
(2) Content may be provided by licensed independent content providers, including text contributions from other Members (all such independent content providers shall hereinafter be referred to as "Content Providers"). The Company does not pre-screen Content as a matter of policy. In addition, it has the right, but is not obligated, to remove any Content at any time which it deems to be harmful, offensive, or otherwise violating this Agreement.
(b) Right in Content. You acknowledge that the Company and licensed Content Providers have rights in their respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that you will not use any Content other than in connection with playing the Games.
(c) Member Content. Members can upload and create Content to our servers in various forms, such as in selections you make for the Games and in bulletin boards and similar user-to-user areas. Unless specified otherwise in your transmission, by submitting your Content to any area on the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to the Company of the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
(d) Member Conduct. While using the Service, Members may not engage in any conduct or communication which is unlawful or restricts or inhibits any other Members from using or enjoying the Service. Members agree to use the Services only for lawful purposes. You agree not to use the Service to:
(1) Use of illegal automated programs, Scripts, and Computers. The uses of any illegal automated program (Ex. 3 rd party bot), systems, devices, computers or scripts on the Games are strictly prohibited and may result in a criminal liability under the Computer Fraud and Abuse Act. Violators will be prosecuted to the full extend of applicable laws and may also be liable for any punitive damage. In its sole discretion and based on a legitimate information, the Company reserves the right to terminate and permanently disqualify any members who are determined as violators of these Terms of Service. All decisions from the Company shall be the final.
(2) Harass, threaten or embarrass as well as cause distresses, unwanted attentions or discomforts to other Members in the Service shall be prohibited. The Company does not condone harassment in any form and may suspend or terminate the policy of any Member who harasses others. In addition, any means of personal attacks such as those based on races, national origins, ethnicities, religions, genders, lifestyle choices, disablements or other such affiliations, are strictly prohibited.
(3) Post or transmit of explicit sexual images, or/and pointing or/and referencing to such images are prohibited. The Company prohibits the transfer or post of sexually explicit images or other content deemed offensive.
(4) Transmit of any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content. If Members engage in vulgar or abusive language online, even if masked by symbols or other characters, or in other impermissible behavior, they may receive a warning, or be temporarily or permanently excluded from one or more games, bulletin boards, chat areas, or the membership may be terminated immediately, and they may be subject to civil liability and/or prosecution by law enforcement authorities.
(5) Scroll or carry out any action with a similar disruptive effect. "Scrolling" is defined as repeatedly causing the screen to roll faster than what members are able to type onto it.
(6) Impersonate any person, including, but not limited to, the employees of the Company, monitors or hosts. Members shall not hold themselves out or portray themselves as the staffs or employees of the Company. while engaging in all forms of online communication, including, but not limited to, member names, member profiles, voice, text or graphic chat, message postings or any form of communication on line. Impersonation of the staffs or employees of the Company shall result an immediate policy termination.
(7) Engage in "disruptive behavior" in chat areas, game areas, bulletin boards, or any other area of the Services. Disruptive behavior shall be deemed to include, but will not be limited to, conduct which purposefully interferes with the normal flow of dialogue in a Service area. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
(8) Post or transmit chain letters or pyramid marketing schemes. This type of material places an unnecessary load on the Services and is considered a nuisance by many users. Certain types of chain letters and pyramid schemes are also illegal. Such prohibited conduct includes, but is not limited to, the transmission of letters or messages which offer a product or service and which are based on the structure of a chain letter.
(9) Post or transmit unsolicited advertising, promotional materials, or other forms of solicitation. The Company services are not to be used to send unsolicited advertising, promotional material, or other forms of solicitation to other members. Members may not use the Company services to collect or "harvest" member names without an expressed permission of those users the Company reserves the right to block and/or filter mass email solicitations on or through the service.
(10) Violate any operating rule, policy or guideline of any other online service. Members further agree to abide by the rules of Members' Internet service provider.
(11) Violate, intentionally or unintentionally, any applicable local, state, national or international law or regulation.
(12) Modify any files that the Company does not specifically authorize members to modify. Use of material, which is subject to the rights of any person or entity without an expressed permission of such rights holder, is prohibited, and will result in the termination of the Members' membership and possible civil and/or criminal liability.
(13) Post to many bulletin boards at once and/or sending multiple unsolicited emails to a single address, sometimes referred to as "spamming," is prohibited. The Company reserves the right to determine what patterns of behavior are defined as "spamming," and it may take action for the spamming on the policy. You agree that the Company may take whatever steps it deems necessary to abridge or prevent behavior of any sort on the Service in its sole discretion, without making a notification for your reference.
(e) Cheating Programs. In order to ensure the fairness, the Company shall not allow any use of cheating programs such as macros, bots, or mouse emulators etc. If you use these cheating programs, you may engage in severe consequences including, but not limited, to the followings:
(1) the Company may suspend your policy for an indefinite period time;
(2) the Company may terminate your policy; and
(3) the Company reserves the right to seek further legal remedies against you.
(f) Modification of the Client Program. All Members must use the client program provided by the Company. It periodically updates the client program as well, and all Members are required to use the latest version of the Games. Any modification of the client program is strictly prohibited, and any violation may result the termination of the policys.
(g) Exploitation of Program Bug. All Members are prohibited from exploiting any programming bugs in Game, on the Web Site, and/or within the system of the Company. Any violations may result the termination of policy.
9. OFFICIAL SERVICE
The Games are designed for an official play only as offered through the Service by the Company at the Web Sites and not through any other means. You agree to play the Games only as offered by the Company at the Websites and not through any other means. You further agree not to create or provide any other means through which the Games may be played by others, as through server emulators. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Games, except that you may use the Software to the extent expressly permitted by this Agreement. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any the Games policys, characters, items, coin or copyrighted material.
10. PRIVACY
Our privacy policy, which covers the usage and protection of your personal information, is published on the Web Sites, currently at http://operation7.fiaa.eu and is incorporated herein by this reference. (See privacy policy posted on the Web Sites)
11. PARENTAL GUIDANCE
Parents may find it inappropriate for use by persons under the eligible age. While the Company may choose to monitor and take action upon any inappropriate game play, chat or links to the Service, it is possible that, at any time, there may be languages or other materials accessible on or through the Service that may be inappropriate for children or offensive to some users of any age. The Company may not ensure that other players will not provide Content or access to content that parents or guardians may find inappropriate or that any user may find objectionable. The Company does not, as a matter of policy, pre-screen the content of the materials or communications transmitted by each player.
12. INTERRUPTION OF SERVICE
(a)The Company reserves the right to interrupt the Service, from time to time on a regularly scheduled basis or otherwise with or without prior notice, in order to operate maintenance. You agree that the Company is not liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever.
(b)You acknowledge that the Service may be interrupted for reasons beyond the control of the Company, and it may not guarantee that you will be able to access the Service or your policy whenever you may wish to do so. The Company shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes beyond its reasonable control.
(c)The Company shall not be obligated to refund all or any portion of any Game Item and FiaaCash purchases by reason of any interruption of the Service and by reason of any of the circumstances described in paragraph (a) or (b) of this provision.
13. BETA TESTS
You may be given the opportunity to beta test the Games and site features. Your participation as a beta tester is subject to the following terms and conditions.
(a) Closed Beta Tests: Closed beta tests are confidential. The beta games, including information about features and functionality to be offered as part of the Games, are confidential. If you participate in a closed beta test, you will use your best efforts to safeguard and to prevent unauthorized access to, copying, disclosure, and unauthorized use of the beta games. You will carry out the testing personally and not provide access to beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to the Company, and the Company is entitled to (in addition to any other remedies available to it) exparte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until the Company publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
(b) All Beta Tests (Closed and Open)
(1) As a beta tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" "as available" basis and we make no warranty to you of any kind, express or implied.
(2) When playing a beta game, you may accumulate game items, experience points, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.
(3) By selecting a "Play" button to start a beta game, you agree that:
(3-1)playing beta game is at your own risk and that you know that the game may include known or unknown bugs,
(3-2)any value or status indicators that you achieve through game play may be erased at any time,
(3-3)the Company has no obligation to make this game available for play without charge for any period of time, nor to make them available at all,
(3-4)this game may be available once the testing process is complete or at any time in the future;
(3-5)the Company's Terms of Agreement apply to your use of the game during the testing phase, and
(3-6)if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.
(4) Beta test policys are non-transferable under any circumstances. And in its sole discretion, the Company reserves the right to terminate your beta test policys or reset your personal information.
14. DISCLAIMER OF WARRANTIES
you expressly agree that the service, the software, the content, the games and all other services are provided on an "as is" and "as available" basis and that your usage of the service is at your sole risk. the company as well as all other service provider customers expressly disclaim all warranties of any kind, either expressed or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violations of rights. the company and all other service provider customers establish no warranty that the service will meet your requirements or that the service will be uninterrupted, timely, secure or error-free. the company and all other service provider customers do not make any representation or warranty as to the results that may be obtained from the use of the service, that the results that may be obtained from such usage will be reliable or accurate or that the quality of any information, products, services or other material purchased or obtained by you through the service will meet your expectations. the company makes no warranty that defects in its software will be corrected or that the website or server that makes it available will be free of viruses or other harmful components. you acknowledge and agree that any of the material and/or other data downloaded or otherwise obtained through the use of service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading of such material or data. no advice or information, whether oral or written, obtained by you from the company or any other service provider customer or through the service shall create any warranty not expressly stated in the terms of agreement.
Without limiting the foregoing, the Company does not ensure continuous, error-free, secure or virus-free operation of the Service, the Software or the Games, and you understand that you shall not be entitled to refunds for fees based on the Company's failure to provide any of the foregoing. Some states do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
15. LIMITATION OF LIABILITY
THE COMPANY (OR ANY OF ITS CONTENT PROVIDERS, SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS) SHALL NOT BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE GAMES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF GOODWILL, SERVICE STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 (3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. FURTHER, THE COMPANY (OR ANY OF ITS CONTENT PROVIDERS, SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS) SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, policyS, STATISTICS OR USER PROFILE INFORMATION STORED BY THE GAMES AND/OR THE SERVICE. THE COMPANY (OR ANY OF ITS CONTENT PROVIDERS, SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS) SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING, BUT NOT LIMITED TO, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. Some states do not allow the foregoing limitations of liability. In such a case, you agree that liability of the Company to you shall be limited to the maximum extent permitted by law in the subject state. You agree that the Company shall not be responsible or liable for anything that occurs or results from accessing or subscribing to the Service.
16. UNCENSORED INFORMATION
YOU UNDERSTAND THAT CONTENT AND MATERIALS ON THE INTERNET MAY BE CREATED AND MAINTAINED BY THIRD PARTIES (SUCH AS USER MESSAGE BOARD) AND THAT PORTIONS OF SUCH MATERIALS MAY BE SEXUALLY EXPLICIT, OBSCENE, OFFENSIVE, OR ILLEGAL. IN NO EVENT SHALL THE COMPANY BE LIABLE TO ANY PERSON OR ENTITY, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY MATERIALS FROM THIRD PARTIES ACCESSED THOUGH THE SERVICE. YOU HOLD THE TOTAL RESPONSIBILITY AND RISK FROM YOUR USAGES OF THE SERVICES AND INTERNET GENERALLY. THE COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS PROVIDED THOUGH HYPERLINKS OR IN ANY OTHER FORMS.
17. INDEMNIFICATION
UPON THE COMPANY'S REQUEST, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, ITS LICENSEES, DISTRIBUTORS, CONTENT PROVIDERS, AND OTHER MEMBERS OF THE SERVICE, FROM ALL DAMAGES, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, CLAIMS, CAUSES OF ACTION, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS' FEES AND COSTS, WHICH THE COMPANY MAY HEREAFTER INCUR, SUFFER, OR BE REQUIRED TO PAY, DEFEND, SETTLE (SUBJECT TO ANY LIMITATIONS SET FORTH IN THIS AGREEMENT), OR SATISFY AS A RESULT OR ARISING OUT OF YOUR USE OF THE SERVICE OR ANY BREACH OF THIS AGREEMENT BY YOU.
18. TERMINATION
The Company may terminate this Agreement (including your Software license and policy) immediately and without notice if you breached this Agreement or willfully infringe any third party intellectual property rights, or if its is unable to verify or authenticate any information you provide to us, or upon Game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of the Games described in the Rules of Conduct. If the Company terminates this Agreement under any circumstances, you will lose access to your policy without refund of any fees paid for the purchases of any Game Items or FiaaCash. You agree that if the Service or your policy is terminated or cancelled for any reasons or length of time, you are not entitled to any reimbursement or refund of any fees paid for the purchases of any Game Items or FiaaCash.
19. GENERAL PROVISIONS
This Agreement shall be deemed to have been made and executed in Europe without regard to conflicts of law provisions, and any dispute arising hereunder shall be resolved in accordance with the law of Germany. You agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in Germany (if permitted by law and a party elects to file an action in the court, Germany) courts located in Bonn, Germany. Except as provided in this Agreement, any changes to this Agreement must be in writing and signed by the Company and you. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in force. 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, without written permission of the Company. This Agreement sets forth the entire understanding and agreement between the Company and you with respect to the Company, the Service and the Games, and this Agreement supersedes all prior agreements (oral or written, if any) between the parties. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of the Company 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 the Company. All notice given by you or required under this Agreement shall be emailed to customer@fiaa.eu, Attention: Customer Support is effective on the date received.
RULES OF CONDUCT
April 2009
The following specific "Rules of Conduct" is created by the Company (Fiaa GmbH.) in order to govern behaviors and actions of Members while playing games (the "Games") which are serviced by the Company.
The Company is dedicated to enforce these Rules of Conduct, which is intended for the usage and enjoyment of the Games. The Company has the final decision over what constitutes a violation of the Rules of Conduct, and it also reserves the right to change these Rules of Conduct at any time upon its necessity. any violation of these rules of conduct will constitute a reach of this agreement and may result in disciplinary ACTION(S), SUCH AS ACCOUNTS TERMINATION AND BANISHMENTS OF MEMBERS' CHARACTERS, AGAINST MEMBERS. MEMBERS SHALL ACKNOWLEDGE THAT IF THEIR ACCOUNTS AND RIGHT TO USE THE GAMES SERVICE IS TERMINATED BY THE COMPANY FOR ANY REASON, THEY WILL NOT BE ENTITLED FOR A REFUND OF ANY FEES PAID BY THEM FOR USE OF THE GAMES SERVICE, AND ANY UNUSED ACCESS TIME, GAME ITEMS AND FIAACASH REMAINING AT THE TIME OF TERMINATION WILL BE DEPRIVED BY THE COMPANY. The followings are the basic Rules of Conduct for the Games. All Members must keep themselves to these guidelines, and the Company may monitor Members in order for the enforcement of the subject guidelines. In addition of these Rules of Conduct, explicit rules affecting Members' Accounts may be found in the End User Agreement. The following list provides with examples of what the Company regards to be unacceptable or illegal conducts. The list is not intended to be exhaustive or all-inclusive, rather the list of prohibited conduct provides with a framework of rules governing Members' usage and enjoyment of the Games. The Company reserves the right to restrict conduct that it deems, at its sole discretion, to be harmful to members, to damage to the Games and to be violating the reserved rights the Company or/and any third party's rights.
MEMBER MAY NOT
1. Violate the right of others and their rights to play and enjoy playing the Games. To this end, members may not defraud, harass, threaten, or cause distress and/or unwanted attention to other players.
2. Post or communicate any private information (name, address, account name, and so on) of other members through the Games or on the Web Sites of the Company.
3. Use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive languages.
4. Attempt to impersonate other persons, including but not limited to, employees, representatives or hosts of the Company.
5. Market, promote or advertise anything, or make any other form of solicitation on the Games or through its Web Site.
6. Violate any local, state, national or international laws or regulations.
7. Arrange for the exchange or transfer of any pirated software or other contraband while Members are on the Games or its Web Site, or use the Games or its Web Site for any other illegal purpose.
8. Modify any part of members accounts, any server or client file of the Games or its Web Site.
9. Organize or be a member of any pledges or groups within the Games that are based on or espouse any racism, discriminations based on religion, ethnicity and sexual orientation or other hate mongering philosophies.
10. Use the Games or its Web Site for any activities other than those that are permitted within the Online-Game society.
11. Provide the Company with false information or intentionally hide necessary information when registering their Accounts.
12. Upload or transmit any copyrighted content from the Games and its Web Site without the expressed prior written permission from the author and/or copyright holder.
13. Use or exploit any bugs, design errors or problems in the Games or communicate the existence of any such exploitable items, rather directly or through public posting, to other Members of the Games. Any such problems, errors or bugs should be promptly reported via the customer support on its Web Site at http://operation7.fiaa.eu.
14. Attempt to interfere with, hack into, or decipher any transmission to or from the servers running the Games.
15. Create, use or provide any server emulator or other sites where the Games could be played other than from Web Sites. The Company provides or authorizes for a publication/distribution of the Service, and Members may not post or distribute any utilities, emulators or other software tools related to the Games without the expressed written permission from the Company.
16. Oppose against the instruction of authorized personnel while playing the Games or on its Web Site.
17. Engage in any "disruptive behavior" that is deemed to include, but is not limited to, conduct that purposely interferes with the normal flow of game-play or interferes with the usage of other Members use and their enjoyment the Games.
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Operation7, Free to Play Online FPS
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