| THE RULES OF DROIDARENA |
DroidArena end user agreement
"USER AGREEMENT" "GAME LICENCE" "TERMS AND CONDITIONS"
THIS AGREEMENT DESCRIBES THE TERMS ON WHICH DROIDARENA OFFERS YOU ACCESS TO AN ACCOUNT (THE "ACCOUNT") TO PLAY THE DROIDARENA ONLINE GAME (THE "GAME"). BY SIGNING UP VIA OUR SIGN-UP FORM, YOU ACCEPT THE TERMS AND CONDITIONS BELOW.
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We may amend this Agreement at any time at our sole discretion. Amendments shall be communicated to you at the time you log into your Account ('Status' or "News" screen). Such amendments shall be effective whenever we make the notification available for your review.
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Accounts are available to adults over 18 years of age or, at their discretion, their minor child. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case they will take full responsibility for all obligations under this Agreement. By clicking the "Register" button you represent that you are an adult and are either accepting this Agreement on behalf of yourself or another person for which you are the legal guardian. You may not transfer or share your Account with anyone, except that if you are a parent or guardian, you may permit one child to use the Account instead of you (in which case you may not use that Account). Trial/Free Accounts are limited to 1 per person, and you are not allowed to share your login info with anyone. You are liable for all activities conducted through the Account, and parents or guardians are liable for the activities of their child. Corporations and other entities are not eligible to procure Accounts.
Trial/Free accounts that have no activity for 7 days will be deleted, unless DroidArena Administration is notified of your absence. |
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All fees are stated in United States Dollars. All fees are prepaid and non-refundable. Upon completing the payment through one of the implemented payment solutions, we will automatically complete the transaction of the selected method of payment for the Account fee plus any applicable taxes we are required to collect, and you authorize us to do so.
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The fee payable is for the applicable season only, and may not be transferred between players or onto the next season. Seasons are limited and will not be longer than 90 days (usually 50 days, plus 2 days set for 'RAGE') at which time the game may or may not be reset. Fees become payable should you wish to play, at the start of each season. We reserve the right to alter the amount payable each season and at any point within any season.
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Upon completion of your registration, you will be sent your username and password. You may not disclose your password to any third party. We never ask you for your password by email within the Game or outside of the Game, and you should not disclose it this way if someone asks you to do so. Although some browsers may offer a feature that allows you to "save" or "remember" your password on your hard drive, please note that third parties may be able to access your computer and thus your Account.
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To play the Game, you must (a) register here for the ACCOUNT, (b) arrange payment for the Account, and (c) have an Internet connection (which we do not provide) to access your Account. If you do not arrange payment for an Account, it is determined to be a Free or Trial Account, and may be deleted or removed at ANY time. In addition to any fees described herein, you are responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware, software, service and other costs you incur to access your Account. Neither this Agreement nor your Account entitles you to any subsequent releases of the GAME, nor to any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the GAME at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement nor do we need to notify you of any changes, updates or modifications to The Game.
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Subject to the terms of this Agreement, we hereby grant to you a non-exclusive license to use in order to play the Game via an authorized and fully-paid Account. You may not copy, distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer any content if the GAME. You may not copy any of the written materials accompanying the GAME or the other websites managed by DroidArena.
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We may terminate this Agreement (including your Account) immediately and without notice if you breach this Agreement or repeatedly infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon gameplay, chat or any player activity whatsoever which is, at our sole discretion deemed inappropriate. If we terminate this Agreement under these circumstances, you will lose access to your Account for the balance of any prepaid period without any refund.
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You may not use our intellectual property rights contained in the Game or the websites controlled by DroidArena to create or provide any other means through which the Game may be played by others, such as through server emulators. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not access the Game or your Account through other software than standard browsers, wap phones and alike, nor may you use automated programs / bots / scripts to do so.
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We and our suppliers shall retain ownership of all intellectual property rights relating to or residing in the GAME and websites controlled by DroidArena. The Game is a "commercial" item. All data stored on or transmitted through our servers are considered property of DroidArena, and we may alter any such data at any time for any reason.
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To obtain an Account, you will be required to choose a login name, player name and a password. While you are encouraged to use a pseudonym, especially if you are a minor, you may not pick a name that violates anyone's trademarks, publicity rights, other proprietary rights, or names that can be found to be insulting. We will determine, in our sole discretion, if a name is unsuitable, and may choose to rename your account to a more suitable name, or remove the account entirely.
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As part of your Account, you can upload content to our servers in various forms, such as in the selections you make for the Game and similar user-to-user areas and the taunts and last words, Corporate Forums, player chat and emails, corporate radio, etc... (collectively, your "Content"). Your Content shall not: (a) infringe on any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, obscene, pornographic or harmful to minors; or (d) contain 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. We may take any action with respect to your Content if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers or future business of our customers. You hereby grant to us a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content.
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WE PROVIDE THE ACCOUNT, THE GAME AND ALL OTHER SERVICES "AS IS." WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free or secure operation of the Game or your Account. Some states / countries 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 which vary from region to region.
We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, we cannot and do not promise or ensure that you will be able to access your Account whenever you want, and there may be extended periods of time when you cannot access your Account.
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You shall comply with all applicable laws regarding your access to your Account and your playing of the Game.
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We cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Game and any services or software which may in the future be provided by us or on our behalf. Solely for the purpose of patching and updating the Game, you hereby grant us permission to (i) upload Game file information from the appropriate directory and (ii) download Game files to you.
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This Agreement is governed in all respects by the laws of The United States, as such laws are applied to agreements entered into and to be performed entirely within The United States between United States residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Both parties submit to personal jurisdiction in The United States and further agree that any cause of action relating to this Agreement shall be brought in a court in
Monterey County, California. 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. 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.
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IN NO EVENT SHALL WE, OUR PARENT, OUR AFFILIATES OR OUR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE GAME, OR THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO THE FEE PAID FOR THE SERVICE. Some regions do not allow the foregoing limitations of liability, so they may not apply to you.
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Disclaimer for DroidArena the online game. We are not responsible for any problem you might get ever, including divorce and natural disasters. We can not be held responsible for what this site contains, not even if you find material herein that you consider unsuitable. However, we will do our best to ensure our server and it's contents , and any problems in this matter can be sent to admin@droidarena.net. DroidArena is highly addictive, we recommend taking regular breaks from your computer. We recommend not to play DroidArena at your work or your school. It can influence your performance, and lead to real life problems. We reserve the right to remove a player from an arena(s),forum, portal or any other part of the game for any reason. We do not have to maintain a 100% uptime of our servers. Of course we will try within reason to uphold the maximum performance possible and keep the servers running at all times, again, we do not give guarantees. We do not refund money under any circumstance. We will not sell/give your personal information to anyone. Guarding the security of your account is your own responsibility. We do not refund or are we responsible if anyone gets into your account and uses your player account or does any other form of damage. During registration, you will enter a password. You may not disclose your password to any third party. We never ask you for your password by telephone or email, and you should not disclose it this way if someone asks you to do so. Although we may offer a feature that allows you to "save" or "remember" your password on your hard drive, please note that third parties may be able to access your computer and thus your Account. We do not give away account numbers in advance of a payment, make sure you pay before you need to play. We may amend this Agreement at any time at our sole discretion. Amendments shall be communicated to you via providing you the ability to view agreement at any time. Such amendments shall be effective whenever we make the notification available on the site for your review. Subject to the terms of this Agreement, Upon your payment receipt we shall grant to you a non-exclusive license to playing the Game via an authorized and fully paid Account. You may not copy, distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer any content if the GAME. You may not copy any of the written materials accompanying the GAME or the other websites managed or used in conjunction with DroidArena. We may terminate this Agreement (including your Account) immediately and without notice if you breach this Agreement or repeatedly infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or for any reason deemed by any administrator of the game, or upon game play, chat or any player activity whatsoever which is, in our sole discretion. If we terminate this Agreement under these circumstances, you will lose access to your Account for the balance of any prepaid period without any refund. You may not use our intellectual property rights contained in the Game or the websites controlled or used in conjunction with DroidArena to create or provide any other means through which the Game may be played by others, as through server emulators. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not access the Game or your Account through other software than standard browsers, wap phones (which may be subject to additional fees) and alike, nor may you use automated programs / bots / scripts to do so. We and our suppliers shall retain ownership of all intellectual property rights relating to or residing in the GAME and websites controlled by DroidArena. The Game is a "commercial" item. All data stored on our servers are considered property of DroidArena, and we may alter such data at any time. We are not responsible for any loss or any other kind of problems caused by bugs in our code or any other content on our website. IN NO EVENT SHALL WE, OUR PARENT, OUR AFFILIATES OR OUR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE GAME, OR THIS AGREEMENT. Some regions do not allow the foregoing limitations of liability, so they may not apply to you. Unlimited accounts can only be used by one person only. You may not force people to give their account passwords to you. On detection we will remove your account.
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Please read our privacy policy.
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