1. TERMS OF AGREEMENT
(a) Terms of Agreement.
NetDragon Websoft Inc. (The
"Company")
offers
to allow you to play its multi-player
online computer game "Monster
& Me" on a free-to-play
basis conditioned on your
agreement to all of the terms
and conditions contained in
this Agreement and your compliance
with the posted Rules of Conduct
(See
the Company's Rules of Conduct
for more details).
The
Game is free to play with
no monthly subscription fees.
Your use
of Monster & Me constitutes
your agreement to all such
terms and conditions and your
compliance of the Member Conduct.
To confirm your agreement,
you should click on the "I
Agree" button
at the end of this Agreement.
If you do not so agree, you
should click on the "I
Do Not Agree"
button at the end of this
Agreement, in which case you
reject the offered terms of
use and will not be permitted
to play Monster & Me.
If you have any questions
regarding these terms and
conditions or the Rules of
Conduct, please contact an
NetDragon Websoft Inc. customer
service by visiting the following
link: http://www.monsterandme.com
(b) Amendments.
The company may amend, update,
modify or correct this Agreement
or modify the Rules of Conduct
at any time in its sole discretion
without any obligation to
inform the User of the amendment
or changes by posting the
amended Agreement or modified
Rules of Conduct at http://www.monsterandme.com.
Amendments or changes to the
Agreement will be effective
immediately after the amended
Agreement is posted. Modifications
to the Rules of Conduct will
be effective immediately upon
posting. Your use of Monster
& Me after the effective
date of any amendments to
this Agreement constitutes
your agreement to the amendments.
You agree to check this Agreement
and the Rules of Content periodically
so you will be familiar with
their content as amended or
modified from time to time.
2. DESCRIPTION OF SERVICE
The Company offers Monster
& Me as a free online
fantasy role-playing game
service accessible (the "Service")
through the internet at "
http://www.monsterandme.com
" (the "Web Site").
The Company reserves the right
to change the URL address
of the Web Site at any time
and from time to time without
prior notice. To use the Service,
you will need to install software,
which The Company makes available
from the Web Site (the "Software").
Anyone desiring to use the
Service is required to establish
an account with The Company
(the "Account").
The Company does not provide
Internet access, and you are
responsible for all fees associated
with your Internet connection.
The Web Site located at http://www.monsterandme.com
is an active part of the Service
and any use of the website
is governed by the same Terms
of Agreement and Rules of
Conduct.
3. LICENSE TO USE
Subject to the terms of this
Agreement, The Company grants
to you a non-exclusive license
to use the Service, and a
non-exclusive license to use
the Software in connection
with the Service. You may
not sublicense, rent, lease,
loan or otherwise transfer
the Software for profit, modify,
adapt, reverse engineer or
recompile the Software, or
create any derivative works
in respect of the Software
or the Service, or otherwise
use the Software except as
expressly provided in this
Agreement.
4. ACCOUNT
(a) Eligibility.
Accounts are available only
to adult individuals eighteen
(18) years of age or older.
If you are less than 18 years
of age and wish to use the
Service, your parent(s) or
guardian(s) must complete
the registration process,
open an Account in their name(s)
and accept full responsibility
for all obligations under
this Agreement. Those who
have completed these steps
and who maintain their Account
in good standing are sometimes
referred to in this Agreement
as "Member(s)",
"User(s)", or "Player(s)".
By clicking the "I
Agree" button
you represent that you are
an adult 18 years of age or
older. Only one person may
use an Account. The registered
user of an Account may use
the Account or may choose
instead to permit a minor
child of the registered User
to use the Account. You are
liable for all activities
conducted through your Account,
and parents or guardians are
liable for all activities
of their minor child conducted
through the Account.
(b) Account ID. At the time your Account is opened,
you must choose a name to
identify yourself to The Company
staff (your "Account
ID"). You may not select
as your Account ID the name
of another person, or 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 to change, any
vulgar or otherwise offensive
Account ID. You have sole
liability for all activities
conducted through your Account
or under your Account ID.
(c) Message Board ID. You have the option to create
a Message Board ID for use
on the official Monster &
Me message boards. You may
not select as your Message
Board ID the name of another
person, or 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 at its sole
discretion to be vulgar or
otherwise offensive. The Company
reserves the right to delete,
or require you to change,
any vulgar or otherwise offensive
Message Board ID. You have
sole liability for all activities
conducted under your Message
Board ID.
(d) Account.
By agreeing to the User Agreement
you agree that you do not
own the Account you use to
access the Service, the characters
The Company stores on The
Company servers, the game
items in the Account, or any
other data which the servers
and accounts are comprised
of. The Account, characters,
game items, and any other
data which the servers and
accounts are comprised of,
are properties of The Company.
(e) Character Name.
In order to use the Service,
you must create a character
and choose a name for your
character to identify your
character to other Members
(your "Character Name").
You may not select as your
Character Name the name of
another person, or 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
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. Only ASCII characters
are allowed for any character
names in the Game. No Unicode
is allowed.
(f) Pledge Names, Pledge Titles, House Signs, Individual
Titles, NPC Names.
While accessing the Service,
it is possible to name your
pledge, grant titles to individual
members, grant a title to
your own character, name NPCs,
or name a guild. You may not
give a name to a pledge, another
character, grant your own
character a title, or name
an NPC (non-player character)
that is the name of another
person, or 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 at its sole
discretion to be vulgar or
otherwise offensive. NetDragon
Websoft Inc. reserves the
right to delete, change, or
require you to change, any
vulgar or otherwise offensive
Name. ASCII characters are
allowed for any names in the
Game. No Unicode is allowed.
(g) Passwords.
At the time your Account is
opened, you must select a
password. You are responsible
for maintaining the confidentiality
of your password and you are
responsible for any harm resulting
from your disclosure or allowing
the disclosure of your password
or from use by any person
of your password to gain access
to your Account and Account
ID. At no time should you
respond to an online request
for a password. The Company
will never ask for your password
offline or online, except
that you will be required
to enter your password as
part of the log-on process,
or when you are requesting
the company to perform certain
service that requires your
password authentication, in
which case you will only send
your password to designated
company email address or company
website.
(h) Registration Obligations.
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
Account and refuse any and
all current or future use
of the Service.
(i) Former Members.
Members whose Accounts have
been terminated by The Company
may not access the Service
in any manner or for any reason,
including through any other
Account, without the express
written permission of The
Company.
(j) Related Accounts.
If The Company terminates
an Account, The Company
may terminate any other Accounts
that share the same member
name, phone number, email
address, postal address, Internet
Protocol address, or credit
card number with the terminated
Account.
5. SERVICE FEES
The Game is free to play.
You do not need to pay any
service fee to play the Game.
However, the Company is not
responsible for any other
fees or costs you paid or
may have to pay in order to
play the Game, including,
but not limited to, fees to
access the internet; fees
charged by a location such
as a cyber café, arcade, or
other location; or costs of
computer hardware or software.
6. TRADING AMONG PLAYERS
Trading of Game items
or in game money between Players
on the same serveris permitted.
All other trading or transfers,
including without limitations,
trading of Account ID, Account
Names, and all out-of game
transfers, are strictly prohibited.
The
Company is not responsible
for any losses occured related
to any permitted or prohibited
trading activities. ANY AND
ALL PROHIBITED CONDUCTS MAY
RESULT IN IMMEDIATE TERMINATION
OF THE ACCOUNT INVOLVED IN
SUCH TRADING.
7. CONTENT AND MEMBER
CONDUCT
(a) Content.
You acknowledge that: (i)
by using the Software and
the Service you will have
access to graphics, sound
effects, music, animation-style
video and text (collectively,
"Content"), and
(ii) Content may be provided
under license by 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. The
Company has the right,
but not the obligation, to
remove Content at any time
which it deems to be harmful,
offensive, or otherwise in
violation of this Agreement.
(b) Rights in Content.
You acknowledge that The
Company and 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 Monster &
Me.
(c) Member Content. Members can upload Content
to our servers in various
forms, such as in selections
you make for Monster &
Me 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 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.
You agree not to use the Service
to: (i) upload, post, e-mail
or otherwise transmit Content
that infringes any third party
rights; (ii) impersonate any
person or entity, including,
but not limited to, an NetDragon
Websoft Inc. employee, or
falsely state or otherwise
misrepresent your affiliation
with a person or entity;(iii)
upload, post, e-mail or otherwise
transmit Content that violates
any law or regulation; (iv)
upload, post, e-mail or otherwise
transmit Content as determined
by NetDragon Websoft Inc.
at its sole discretion that
is harmful, threatening, abusive,
harassing, tortuous, defamatory,
vulgar, obscene, libelous,
invasive of another's privacy,
hateful, or racially, ethnically
or otherwise objectionable;
or contains 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;
(v) upload, post, email or
otherwise transmit any Content
that you do not have a right
to transmit under any law
or under contractual or fiduciary
relationships (such as inside
information, proprietary and
confidential information learned
or disclosed as part of employment
relationships or under nondisclosure
agreements); (vi) upload,
post, email or otherwise transmit
any unsolicited or unauthorized
advertising, promotional materials,
"junk mail," "spam,"
"chain letters,"
"pyramid schemes,"
or any other form of solicitation;
(vii) interfere with or disrupt
the Service or servers or
networks connected to the
Service, or disobey any requirements,
procedures, policies or regulations
of networks connected to the
Service; or (viii) "stalk"
or otherwise harass another
member.
(e) Cheating Programs.
To ensure fair play, we do
not allow the use of any form
of cheating programs to play
Monster and Me. These cheating
programs include not are not
limited to the following:
macros, Away From Keyboard
(AFK) programs, CPU accelerator
or decelerator. If you use
these cheating programs, you
may suffer severe consequences
including the followings:
(i) You may be penalized by
the GM in the game;(ii) You
may lose certain items or
pets in the game; (iii) You
may be banned from playing
M&M for a period time;
and (iv) Your account ID may
been deleted. The Company,
or its employees or subsidiaries,
are not responsible for any
consequences caused by your
use of cheating Programs to
play our games.
(f) Modification Of
The Client Program.
All Members must use the client
program provided by the Company.
The Company periodically updates
the client program as well,
and all players are required
to use the latest version
of the Game. Modification
of the client program of the
Game is strictly prohibited.
Any violations may result
the termination of your Account.
8. OFFICIAL SERVICE
The Company has designed Monster
& Me for play only as
offered by The Company at
the Web Site. You agree to
play Monster & Me only
as offered by The Company
at the Web Site and not through
any other means. You further
agree not to create or provide
any other means through which
Monster & Me 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 Monster & Me, 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
Monster & Me accounts,
characters, items, coin or
copyrighted material.
9. PRIVACY
(a) The personal information
you provide us during registration
is used for our internal purposes
only. We use the information
we collect to learn what you
like and to improve the Service.
Except as otherwise expressly
permitted by this Agreement
or as otherwise authorized
by you, we will not give any
of your personal information
to any third party without
your express approval. We
do not guarantee the security
of any of your private transmissions
against unauthorized or unlawful
interception or access by
third parties. We can (and
you authorize us to) disclose
any information about you
to private entities, law enforcement
agencies or government officials,
as we, in our sole discretion,
believe necessary or appropriate
to investigate or resolve
possible problems or inquiries,
or as otherwise required by
law. 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 email and any
similar technology for any
purpose relating to the Service,
the Software and any services
or software which may in the
future be provided by us or
on our behalf.
(b) The Company can (and you
authorize us to) disclose
any information about you
to private entities, law enforcement
agencies, or government officials,
as The Company, in our sole
discretion, believe necessary
or appropriate to investigate
or resolve possible problems
or inquiries, or as otherwise
required by law.
10. PARENTAL GUIDANCE
While The Company may choose
to monitor and take action
upon inappropriate game play,
chat or links to the Service,
it is possible that at any
time there may be language
or other material accessible
on or through the Service
that may be inappropriate
for children or offensive
to some users of any age.
The Company cannot 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.
11. 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 perform
maintenance.
(b) You acknowledge that the
Service may be interrupted
for reasons beyond the control
of The Company
and The Company
cannot guarantee that you
will be able to access the
Service or your Account 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 Account fee by reason
of any interruption of the
Service by reason of any of
the circumstances described
in paragraph (a) or (b).
12. DISCLAIMER OF
WARRANTY
THE COMPANY PROVIDES
THE SERVICE, THE SOFTWARE,
THE ACCOUNT, THE Monster &
Me GAME AND ALL OTHER SERVICES
ON AN "AS IS" BASIS,
AND HEREBY EXPRESSLY DISCLAIMS
ALL WARRANTIES OR CONDITIONS
OF ANY KIND, WRITTEN OR ORAL,
EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTY OF TITLE,
NONINFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR
PURPOSE. Without limiting
the foregoing, we do not ensure
continuous, error-free, secure
or virus-free operation of
the Service, the Software,
your Account or Monster &
Me. Some states do not allow
the disclaimer of implied
warranties, so the foregoing
disclaimer may not apply to
you. This warranty gives you
specific legal rights and
you may also have other legal
rights that vary from state
to state.
13. LIMITATION
OF LIABILITY THE
MAXIMUM AMOUNT OF THE COMPANY'S
LIABILITY TO YOU UNDER THIS
AGREEMENT SHALL NOT EXCEED
THE AMOUNT OF A MONTHLY ACCOUNT
FEE PAID BY YOU TO THE
COMPANY AND IN NO EVENT
SHALL THE COMPANY
OR ANY OF ITS SHAREHOLDERS,
PARTNERS, AFFILIATES, DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS
OR SUPPLIERS, BE LIABLE TO
YOU OR TO ANY THIRD PARTY
FOR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES, INCLUDING
WITHOUT LIMITATION ANY DAMAGES
FOR LOST PROFITS, ARISING
(WHETHER OR IN CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE)
OUT OF OR IN CONNECTION WITH
THE SERVICE, THE SOFTWARE,
YOUR ACCOUNT OR THIS AGREEMENT,
WHETHER OR NOT NetDragon Websoft
Inc. MAY HAVE BEEN ADVISED
THAT ANY SUCH DAMAGES MIGHT
OR COULD OCCUR. Some states
do not allow the foregoing
limitations of liability,
so they may not apply to you.
You agree that NetDragon Websoft
Inc. cannot be held responsible
or liable for anything that
occurs or results from accessing
or subscribing to the Monster
& Me service.
14. INDEMNIFICATION
At 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,
claims and expenses, including
attorneys' fees and costs,
arising from any breach of
this Agreement by you.
15. TERMINATION
(a)We may terminate this Agreement
(including your Software license
and your Account) immediately
and without notice if you
breach this Agreement or willfully
infringe any third party intellectual
property rights, or if we
are 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 Monster & Me
as described in the Rules
of Conduct. If we terminate
this Agreement under any circumstances,
you will lose access to your
Account for the balance of
any prepaid period without
any refund.
(b)You agree that if
the service or your account
is terminated or cancelled
for any reason or length of
time, you are not entitled
to any reimbursement or refund
of any fees or unused access
time.
16. GENERAL PROVISIONS
This Agreement is governed
by and shall be construed
and enforced under the laws
of The State of California,
without applying any conflicts
of law principles that would
require application of the
law of any other jurisdiction.
If any provision of this Agreement
is held to be invalid or unenforceable,
such provision shall be struck
and the remaining provisions
shall be enforced. 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. 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
notices given by you or required
under this Agreement shall
be faxed to [(909)612 - 0679].
Attn.: [Customer Support].
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