Elevate Entertainment, Inc. provides free-to-play, high quality games to our members. Additional contents are also available on our Website. To access our games, you may be required to download and install certain client software. This entails the use of hardware, software and Internet access. By using the Website, you acknowledge that hardware, software and Internet access play a crucial role in your user experience. You agree that EE is not responsible for any hardware, software or Internet access or unavailability issues and you agree to hold us harmless for any such issues. EE does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.
Subject to the terms of this Agreement and any applicable EULA, EE grants to you, for your personal use only, a non-exclusive, revocable, nontransferable license to use the services offered by our Website, including access to our games (the “Services”), and a non-exclusive, revocable, nontransferable license to use any client software (the “Software”) in connection with the Services, without charge. You may not (a) sublicense, rent, lease, loan, sell or otherwise transfer the Software or the Services (or any part thereof) (b) modify, adapt, reverse engineer or decompile the Software, or otherwise attempt to derive source code from the Software; (c) create any derivative works in respect of the Software or the Service; or (d) otherwise use the Software or the Service except as expressly provided in this Agreement. Title to the Software, and all rights with respect to the Software and Service not specifically granted under this Agreement, including without limitation all rights of reproduction, modification, distribution, display, disassembly and de-compilation and all copyright, patent, trademark, trade secret and other proprietary rights and interests are reserved to EE or its licensor(s). NEITHER EE NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMEES OR DAMEE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING, WITHOUT LIMITATION, ANY DAMEE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU. As more particularly described in each applicable EULA, EE and/or its licensors retain exclusive right, title and interest (including all intellectual property rights) in and to the Software, copies thereof, and all error corrections, bug-fixes, patches, updates, derivative works, improvements, modifications thereto (whether made by EE, its licensors, you, or otherwise), including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and “applets” incorporated into the Software. The rights described in the foregoing sentence are the copyrighted work of EE and/or its licensors and are protected by the copyright laws of the United States, Korea, Japan, international copyright treaties and conventions, and/or other applicable laws. All rights are reserved. The Software may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of the EULA.
Clicking a hyperlink may direct you away from the Website. EE does not endorse or control any third-party linked sites, is not responsible for their content and has no association with the owners or operators of such sites. Also, other sites may have different terms of service and different privacy policies. EE therefore strongly recommends that you inform yourself regarding the practices of third party websites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that EE shall not be responsible or liable for any loss or damEE of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
The games are designed for play only as offered through our Services at the Website. You agree not to access, create or provide any other means through which the game may be played by others, such as through server emulators. You agree not to use any hardware or software, including but not limited to third party tools, or any other method of support which may in any way influence or give you an advantage in the use of the Services which is not authorized by EE, including but not limited to the use of “bots” and/or any other method by which the Service may be played automatically without human input. 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 and the applicable EULA. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any game accounts, characters, items, coin or copyrighted material, nor may you assist others in doing so. You may be given the opportunity to Beta test new games and Website features. Your participation as a Beta tester is subject to the terms and conditions below. 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 must safeguard and 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 EE, and EE is entitled to (in addition to any other remedies available to it) ex parte 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 EE 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. 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 Website, 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. When playing some Beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators within the Beta test. 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. By playing a Beta game, you agree that: (i) playing Beta games is at your own risk and that you know that the games may include known or unknown bugs, (i) any value or status indicators that you achieve through game play may be erased at any time, (iii) EE has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the testing process is complete or at any time in the future; (v) these terms apply to your use of the games during the testing phase, and (vi) if it is a closed Beta test, you will keep all information (including but not limited to functions, features, graphics, and screenshots) about the Beta games confidential as stated above and not disclose such information to any other person. Beta test accounts are non-transferable under any circumstances.
Certain areas of the Website may charge fees to access and acquire certain game items or participate in game activities on the Website. ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. EE may, from time to time, modify, amend, or supplement its fee and billing methods, and post those changes in this Agreement or elsewhere on the Website. Such modifications, amendments or supplements shall be effective immediately upon posting on the Website. If any change is unacceptable to you, you may cancel your account at any time, but EE will not refund any fees that may have accrued to your account before such cancellation, and we will not pro-rate fees for any charges. You may pay for any applicable fees and charges by major credit card, PayPalR or other such methods authorized by EE.
(a) EE reserves the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that EE will not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever. (b) You acknowledge that the Services may be interrupted for reasons beyond the control of EE, and EE cannot guarantee that you will be able to access the Services or your Account whenever you may wish to do so. EE shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever. (c) EE has the right at any time with or without reason to change and/or eliminate any aspect(s) of the Services as it sees fit in its sole discretion. (d) EE is not be obligated to refund all or any portion of any Account fee (if any), by reason of any interruption of the Services by reason of any of the circumstances described in paragraph (a), (b), or (c).
EE MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE. EE can and does issue warnings and temporary suspensions and permanent terminations of user identities for user violations. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under the absolute discretion of EE. For the avoidance of doubt, you herby acknowledge that EE has sole discretion with respect to penalties and disciplinary actions to terminate your Account, even if there are credits remaining on your Account. If you feel you or your User ID has been unfairly warned or disciplined please contact us with a full detailed explanation. We will reasonably consider your explanation. You have the right to terminate or cancel your Account at any time by delivering notice to EE. You understand and agree that the cancellation of your User Id is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or EE’s enforcement or application of this Agreement; (ii) the Submissions; (iii) your ability to access and/or use the Website; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. You may cancel your User ID by delivering notice to EE. EE reserves the right to collect accrued fees and charges and costs incurred by EE before you cancellation. In addition, you are responsible for any fees, charges and costs incurred to third-party vendors or content providers before your cancellation. In the event your User ID is terminated or canceled for any reason no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your User ID. Any delinquent or unpaid accounts or accounts with unresolved disputes must be settled before EE may allow you to register again.
At EE’s request, you agree to defend, indemnify and hold harmless (a) EE, (b) its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents or suppliers, (c) its licensees, distributors, content providers, and (d) other members of the Services, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from or related, directly or indirectly, to any misuse of the Services or breach of this Agreement by you.
You hereby acknowledge and agree that: (a) WHEN USING THE SERVICES, THE SOFTWARE MAY MONITOR YOUR COMPUTER’S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE SOFTWARE. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY “ADD-ON” OR “MOD”, THAT IN EE’S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE SOFTWARE INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY EE; OR (iii) INTERCEPTS, “MINES”, OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE SOFTWARE. IN THE EVENT THAT THE SOFTWARE DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, IT MAY COMMUNICATE INFORMATION BACK TO EE, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR AND EE MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS SECTION OF THE AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. (b) WHEN THE SOFTWARE IS RUNNING, EE MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE PROGRAM AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT AND THE EULA. (c) EE may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process. EE may use or disclose your personal information if they believe that doing so may protect your safety or the safety of others. (d) EE MAY RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE GAME AND YOU CONSENT TO SUCH MONITORING OR LOGGING. (e) You may not hold EE responsible for any loss resulting from in- game trading activities. You may not hold EE responsible for any information that is passed between players. EE does not guarantee the safe keeping of information that is passed between players and will not be held responsible for any resulting losses or consequences arising from the improper use of said information. You may not hold EE responsible for any in-game feature or item loss. EE does not guarantee the availability of any in-game items, any Services or any levels to players.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, EENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMEES, INCLUDING, BUT NOT LIMITED TO, DAMEES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMEES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (iii) ANY OTHER MATTER RELATING TO THE WEBSITE. Some states do not allow the foregoing limitations of liability, so they may not apply to you and in such a case you agree that EE’s (or any such other released parties) liability to you shall be limited to the maximum extent permitted by law. You agree that EE cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Services.
If a dispute arises between you and EE, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and EE agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or our Service (a “Claim”) in accordance with one of the subsections below. (a) This Agreement and the relationship between you and EE shall be governed in all respects by the laws of the State of California without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. (b) You and EE agree to submit to the exclusive jurisdiction and venue of the courts located in Santa Clara County, California, except as provided in subsection 17(c) below regarding optional arbitration. Notwithstanding this, you agree that EE shall still be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction. (c) For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. (d) All Claims you bring against EE must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to this Dispute Resolution Section, EE may recover attorneys’ fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that EE has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
You agree to comply fully with all relevant export laws and regulations of the United States (“Export Laws”) to assure that neither the Software nor the Services are exported, directly or indirectly, in violation of Export Laws; or is intended to be used for any purposes prohibited by the Export Laws. 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. Except as otherwise permitted herein, 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 EE 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 EE. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is the complete and exclusive statement of the agreement between you and Elevate Entertainment concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and EE; provided, however that this Agreement is in addition to, and does not replace or supplant, the applicable EULA. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.
Thank you again for visiting our Website. We hope you enjoy your stay and take full advantage of the online community we are developing. Please remember that you are a guest at the Website and act with the same courtesy and respect you expect from other guests. EE always reserves the right to refuse or terminate service.