April 15, 2010
End User License Agreement
This END USER LICENSE AGREEMENT ("EULA") is a legal agreement between you and CyberStep Communications, Inc., binding both parties regarding your use of the online game(s) ("Game(s)") provided on this website which you are currently visiting ("Website"). This Website may provide a single Game as a stand-alone game site, or may provide multiple Games as a game portal. In either case, this EULA applies to all those Game(s) provided on this Website. In the following, the "Game" shall mean either single Game or multiple Games depending on the case.
It shall also be noted that certain countries/regions of the world may be excluded from the service of certain Game, because of limited license or other conditions which CyberStep Communications, Inc. must comply with, or for other reasons. Such exclusion will be notified, if any, on the website relevant to such Game.
YOU SHOULD CAREFULLY READ AND AGREE WITH THIS EULA BEFORE DOWNLOADING AND INSTALLING THE CLIENT SOFTWARE OF THE GAME, REGISTERING YOUR ACCOUNT AND BECOMING A MEMBER FOR THE GAME.
Your agreement to this EULA is the condition for you to be granted the license to use the Game Client. Before installing the Game Client, you must agree to all the terms and conditions below. If you agree, click "I accept" and install. If not, click "I don't accept" and cancel installation. When installation of the Game Client is complete, you are considered to have agreed to this EULA.
Please note that the Game is not directed to children, and under no circumstances will it be available to minors under the age of 13. For information about eligibility to play the Game, see the TOS agreement.
- Grant of a Limited Use License.
The Game Client is downloaded onto your personal computer via this Website to allow you to play the Game through your Account with the Service. CSCI hereby grants, and by agreeing to this EULA you thereby accept, a limited, non-exclusive license and right to download and use the Game Client for your personal use ("Limited Use License"). All use of the Game Client is subject to this EULA and to the TOS, which you must also accept before you can use your Account to play the Game through online access to the Service. As discussed in Section 12, CSCI reserves the right to change this EULA and the TOS at any time. Such changed version shall be posted on the Website. Your continued use of the Game Client constitutes your acceptance of such updates, modifications, or changes.
- Service and Terms of Service.
As mentioned above, you must also accept the separate TOS in order to access the Service to play the Game. The TOS governs all aspects of game play. You may view the TOS on this Website. If you do not agree with the TOS, then you are not permitted to register for an Account to play the Game. Once you accept this EULA and the TOS and register an Account, you are thereafter permitted to log on to the online Service and play the Game using the Game Client that you downloaded.
- A. All title, ownership rights and intellectual property rights in and to the Game Client and all copies thereof (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 Game) are owned or licensed by CSCI. The Game Client is protected by the copyright laws of the United States and other applicable countries, international copyright treaties and conventions, and other laws. All rights are reserved. The Game Client may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of this EULA or such licensor's rights.
- B. You may not transfer your right to use the Game Client, nor any of your rights and obligations under the EULA, to any other person or entity.
- C. Release. You hereby release and covenant not to hold liable CSCI or its affiliates, or any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments or claims (a) pertaining to any intellectual property you assert to have been developed by you or any third party that interacts with, uses, or relates to the Game Client; and (b) which otherwise may arise in connection with your use of, reliance on, or reference to the Game Client. CSCI retains, by itself or by license, the Intellectual Property Rights in and to the Game Client and any derivative works thereto created by or for any other person or entity.
- Responsibilities of End User.
A. Subject to the Limited Use License hereinabove, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Game Client, or remove any proprietary notices or labels on the Game Client. Failure to comply with the restrictions and limitations contained in this Section 4 shall result in the immediate, automatic termination of all the license and rights granted to you hereunder and may subject you to civil and/or criminal liability.
B. You agree that you shall not, under any circumstances:
- (i) sell, grant a security interest in or transfer reproductions of the Game Client to other parties in any way not expressly authorized herein, nor shall you rent, lease or sublicense the Game Client to others;
- (ii) exploit the Game or any of its parts, including, but not limited to, the Game Client, for any commercial purpose;
- (iii) host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by CSCI in any way, including, without limitation, through protocol emulation, tunneling, packet sniffing,modifying or adding components to the Game or Game Client, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including, but not limited to, unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks; or
- ? (iv) create or maintain, under any circumstance, any unauthorized connections to the Game or the Service. All connections to the Game and/or the Service, whether created by the Game Client or by other tools and utilities, may only be made through methods and means expressly approved by CSCI. Under no circumstances may you connect, or create tools that allow you or others to connect, to the Game's proprietary interface or interfaces other than those expressly provided by CSCI for public use.
- Termination. This EULA is effective until terminated. You may terminate the EULA (and the TOS) at any time by deleting your registered Account through the deletion procedure available on a section of the Website (e.g. "My Account" section). CSCI may, at its sole discretion, terminate this EULA (and the TOS) by invalidating your Account for any reason including in the event that you fail to comply with the terms and conditions contained herein, or the terms and conditions contained in the TOS. Upon termination of the EULA for any reason, all licenses granted herein shall immediately terminate. CSCI may discontinue the Game and terminate this EULA at its sole discretion at any time with reasonable period of advance notice posted on the Website. Sections 3.C, 4, 6, 9, 10, 11, and 16 of this EULA shall survive termination or expiration of this EULA for any reason.
- Export Restrictions and Controls. You acknowledge that the Game Client may be subject to international and national rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the Game Client as well as end-user, end-use and destination restrictions issued by national governments. You will cooperate with CSCI as necessary to ensure compliance with the laws and regulations of all relevant countries, including the United States, relating to exports and re-exports. The Game Client may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By agreeing with this EULA, you are agreeing to the foregoing, and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Updates. Anytime when you log in to the Service through your Account, the server of CSCI checks whether the Game Client residing on your personal computer is the latest version. If not, the Game Client residing in your personal computer is automatically updated. You consent to CSCI's updating the Game Client residing on your machine remotely and automatically, without advance or other notice to you, and you hereby grant to CSCI your consent to downloading onto your personal computer the latest Game Client by any technology now known or hereinafter developed.
- Duration of the "Online" Component of the Game. This Game is an "online" game that must be played over the Internet through the Service, as provided by CSCI. You understand and agree that the Service is provided by CSCI at its discretion and may be terminated or otherwise discontinued by CSCI pursuant to the TOS.
- Limited Warranty. To the fullest extent permitted under applicable law, CSCI expressly disclaims any warranty for the Service, Game, Game Client, and any other material made available relating thereto. THE SERVICE, GAME, GAME CLIENT, AND ANY OTHER MATERIAL RELATED THERETO ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Service, Game, Game Client and any other material made available relating thereto remains with the user. THE LIMITATION OF LIABILITY BELOW SETS FORTH YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. SOME STATES OF THE UNITED STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE, GAME OR GAME CLIENT IS TO DEINSTALL AND CEASE USE OF SUCH SERVICE, GAME AND GAME CLIENT.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CYBERSTEP COMMUNICATIONS, INC., ITS LICENSORS, ITS AFFILIATES OR SUPPLIERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, OR MALFUNCTION OF THE GAME CLIENT, WEBSITE, SERVICE, YOUR ACCOUNT, THE GAME, OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND-TO THE EXTENT PERMITTED BY APPLICABLE LAW-DAMAGES FOR PERSONAL INJURY, EVEN IF CYBERSTEP COMMUNICATIONS, INC., ITS LICENSORS, ITS AFFILIATES OR ITS SUPPLIERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF CYBERSTEP COMMUNICATIONS, INC., ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST CYBERSTEP COMMUNICATIONS, INC., ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE CYBERSTEP COMMUNICATIONS, INC. AND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.
- Equitable Remedies. You hereby agree that CSCI would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that CSCI shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this EULA, in addition to such other remedies as CSCI may otherwise have available to it under applicable laws.
- Changes to the End User License Agreement. CSCI reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this EULA. CSCI will post the current version of this EULA on the Website for your review at any time. If any future version of this EULA are unacceptable to you or cause you to no longer be in compliance with this EULA, you may terminate this EULA by simply cancelling your Account through the procedure available on the Website. Your continued use of the Game will mean you accept the EULA which is current at the time of your use of the Game. CSCI MAY CHANGE, MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OF THE GAME AT ANY TIME. CSCI may also impose limits on certain features or restrict your access to parts or all of the Game without notice to you. You agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game.
- Jurisdiction Restrictions. If you are residing in a jurisdiction that restricts the use of Internet-based applications according to age, or that restricts the ability to enter into agreements such as this agreement according to age and you are under such a jurisdiction and under such age limit, you may not enter into this EULA or use the Game.
- Relationship between the Parties. The relationship between you and CSCI is that of licensee/licensor where you are granted a right to play the Game using the Game Client, Website and Service. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity.
- Representations and Warranties. You represent and warrant that all information provided by you is true and accurate and complete, and that you are authorized to enter into this EULA and comply with its terms. Furthermore, you represent and warrant that you will at any and all times comply with your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Game.
- Resolution of Disputes
In order to expedite and control the cost of disputes, you and CSCI agree that any legal or equitable claim relating to this EULA (referred to as a "Claim") will be resolved as follows:
- a. Informal Resolution.
You and CSCI (collectively, the "Parties") agree that the Parties will first try to resolve any Claim informally. Accordingly, neither of the Parties may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least 30 days after one of the Parties notifies the other of a Claim in writing. CSCI will send its notice via email to your email address. You will send your notice to: CyberStep Communications, Inc., c/o Steven G. Teraoka, Teraoka & Partners, LLP, One Embarcadero Center, Suite 1020, San Francisco, CA 94111.
- b. Formal Resolution - US and International Residents.
(1) Agreement to Arbitrate.
If the Parties cannot resolve a Claim informally, the Parties agree that any and all Claims either party asserts shall be resolved solely through binding arbitration, which to the fullest extent under applicable law shall be final and non-appealable. The arbitration will be conducted under the rules of the Judicial Arbitration and Mediation Service ("JAMS") that are in effect at the time the arbitration is initiated, including the rules for the exchange of non-privileged and relevant information, and under the rules set forth in this EULA. If there is a conflict between JAMS rules and the rules set forth in this EULA, the rules set forth in this EULA will govern. This arbitration will be governed under the JAMS Streamlined arbitration rules in force at the time the arbitration commences. Other fees will be paid in accordance with JAMS rules. The arbitration will be held at a JAMS dispute resolution center in San Francisco, California unless you and CSCI both agree to another location. Forms and other information on filing such a Claim can be found at www.jamsadr.com.
BY AGREEING TO ARBITRATE AS SET FORTH HEREIN, YOU UNDERSTAND THAT THE PARTIES ARE BOTH WAIVING OUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
- (1) Agreement to Arbitrate.
- a. Informal Resolution.
(2) Special Rules.
The Parties agree that the type of arbitration in which the Parties both agree to participate is between CSCI and you as an individual. YOU AND CSCI AGREE THAT NEITHER OF THE PARTIES WILL UTILIZE OR ATTEMPT TO UTILIZE CLASS ACTION ARBITRATION PROCEDURES IN ANY ARBITRATION.
- c. Formal Resolution - Jurisdiction and Choice of Law.
The Parties agree to submit to personal jurisdiction in California and further agree that any Claim shall be exclusively brought in under the JAMS rules in the City and County of San Francisco, State of California. The Parties agree that the laws of the State of California shall govern the resolution of any Claim arising out of this EULA.
- d. Severability.
In the event that any provision of this EULA shall be held by an arbitrator, court, or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining portions of this EULA shall remain in full force and effect.
In particular in regard to Section 16(b), the Parties agree that if Section 16(b)(1) is found to be unenforceable by a court of competent jurisdiction, it shall be severed from this EULA and - in that event -- the Parties agree to submit to personal jurisdiction in California and agree that any Claim shall be exclusively brought in the appropriate state or federal court in the City and County of San Francisco, State of California. The Parties also agree that if Section 16(b)(2) is found to be unenforceable by a court of competent jurisdiction, then - regardless of the enforceability of Section 16(b)(1) -- any class action Claim shall be exclusively brought in the appropriate state or federal court in the City and County of San Francisco, State of California and you agree to submit to personal jurisdiction in California.