THIS END USER AGREEMENT ("AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS ON WHICH lekool.com (THE "COMPANY") OFFERS YOU ACCESS AS AN END USER ON THE GAMES DEVELOPED OR PUBLISHED BY lekoolgames. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. BY REGISTERING AN ACCOUNT(S) ON www.lekool.com, BY CLICKING ON THE "I AGREE" BUTTON, YOU ACCEPT AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU ACCEPT AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS; IN WHICH EVENT, YOU WILL BE GRANTED ACCESS TO PLAY The Game. BY REGISTERING AN ACCOUNT ON www. lekool.com, YOU AGREE TO ALL TERMS WITHIN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE CLICK ON THE "I DO NOT AGREE" BUTTON OR PROMPTLY EXIT THIS PAGE.
1. TERMS OF AGREEMENT
You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by the Website under the laws of the United States or other applicable jurisdiction. You understand that the services being offered may include certain communications from www.lekool.com, such as service announcement, administrative messages or other information, and that these communications constitute the services being offered by the Website and you may not have the right to opt out of receiving them.
All rights and titles in and to the Website and in any of our published games (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animation, sounds, musical, compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the game(s), transcripts of the chat rooms, character profile information, recordings of game play, and the game(s) client and server software) are owned by lekool or have been licensed to lekool
Description Of Service:
The Company offers "The Game" as free online role-playing game service (the "Service") accessible through the Internet at http://www.lekool.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 and costs associated with your Internet connection. The Web Site located at http://www.lekool.com is an active part of the Service and any use of the web Site is governed by the same Terms of Agreement and Rules of Conduct.
License to Use:
Subject to the terms of this Agreement and any applicable, The Company grants to you a non-exclusive license to use the Service, 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 lekool or its licensor(s)
NEITHER LEKOOL 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 DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
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 registering an account(s) on lekool, 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 The Game 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. The Company reserves the right to delete, change, or require you to change, any vulgar or otherwise offensive Name. Only 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.
(k) Multiple Accounts: Each Player, User, or Member is only permitted to register one account. However, The Company reserves the right to adjust the number of Accounts each Player may register.
(l) Right To Monitor and Remove Unacceptable Contents: The Company has the right, but not the duty, to review and monitor all content submitted for or included on the Service, and in its sole discretion to remove any content that the Company finds objectionable for any reason, without any prior notice to the Member.
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. LEKOOL 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 AGE 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, PayPal or other such methods authorized by Lekool The personal information you provide us during registration is used for our internal purposes only. The Company uses the information The Company collected to learn what you like in order to improve the Service. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, The Company will not give any of your personal information to any third party without your express approval. The Company does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. For security and anti-fraud purpose, the Company may require the purchaser of the Game Items to provide personal information such as name, address, phone number, social security number, and copy of picture ID. Purchasers may also be required to write and sign a statement certifying that their purchases are real and valid. Failure to do so may result in suspension of the purchaser's Account.
Content & Member Conduct:
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. The company holds all rights to change or modify the game content, and will not be responsible for any refund or compensation arising out of the changes to game content for the betterment of game. Lekool MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE. lekool 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 lekool. You may cancel your User ID by delivering notice to lekool. You (the player) will be 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 as well.
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, The Company's 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 The Company 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, The Company does not allow the use of any cheating programs such as macros, bots, or mouse emulators etc., to play The Game. If you use these cheating programs, you may suffer severe consequences including, but not limited, to the followings: (i) The Company may suspend your Account for a indefinite period time; (ii) The Company may terminate your Account; and (iii) 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. 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. (g) Exploitation of Program Bug. Members are prohibited from exploiting any programming bugs in Game, on the Web Site, and/or within The Company's system. Any violations may result the termination of Account. Interruption of Service:
You acknowledge that the Services may be interrupted for reasons beyond the control of AGE, and AGE cannot guarantee that you will be able to access the Services or your Account whenever you may wish to do so. AGE shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.
(a) lekool 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. (b) he 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. lekool 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) or (b) Parental Guidence:
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.
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 AGE'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 AGE; 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 AGE, 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 AGE 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, AGE 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) lekool 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. lekool may use or disclose your personal information if they believe that doing so may protect your safety or the safety of others.
(d) lekool 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 lekool responsible for any loss resulting from in- game trading activitities. You may not hold lekool responsible for any information that is passed between players. lekool 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 lekool responsible for any in-game feature or item loss. lekool does not guarantee the availability of any in-game items, any Services or any levels to players.
Disclaimer of Warranties:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT lekool AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), 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 lekool's (or any such other released parties) liability to you shall be limited to the maximum extent permitted by law. You agree that AGE cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Services.
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 ASSUME TOTAL RESPONSIBILITY AND RISK FROM YOUR USE 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.
If a dispute arises between you and lekool, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and lekool 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 lekool 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 lekool 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 lekool 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 lekool 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, AGE may recover attorneys' fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that lekool 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 AGE 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 lekool. 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 lekool Games & 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 lekool; 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.