1. Ownership and Grant of Use
The entire contents of the Service, including without limitation all information, material, trademarks, software, video, photographs, graphics, text, music and sound, are owned or licensed by S&R Games under applicable laws. S&R Games owns rights in the selection, coordination, arrangement and enhancement of such content.
You may not transmit, participate in the transfer or sale, create derivative works from, modify, publish, or in any way exploit, any of the content contained in the Service (including, without limitation, any content that our Service enables you to download) without the express written permission of S&R Games and any other applicable owner. In the event of any permitted copying, redistribution or publication of any content, no changes in or deletion of any author attribution, trademark, or copyright notice may be made. The downloading of content from the Service is allowed by you only for your personal use.
You acknowledge that S&R Games and/or third-party content providers remain the owners of all content contained in the Service, and that you do not acquire any ownership rights by downloading, using or paying fees to acquire licenses to use any content.
As long as you comply with this Terms of Service and it has not been terminated, S&R Games grants you a personal, non-commercial, non-exclusive, non-transferable, limited right to enter, use, perform and display our Service and its contents.
2. User Content
The Service incorporates certain communication features such as forums, message boards, chat, messenger-type features, and email that may be provided to registered and unregistered users (collectively, “Game Communication Features”). You acknowledge that by using Game Communication Features, you may be exposed to messages, information, data, text, software, graphic files, or other materials, whether in written, verbal, electronic, digital, machine-readable or other form (“User Content”) that you might find objectionable.
S&R Games DOES NOT TOTALLY CONTROL USER CONTENT AND DOES NOT GUARANTEE ITS ACCURACY, INTEGRITY OR QUALITY. You understand that any User Content sent through or appearing on the Game Communication Features is the sole responsibility of those persons transmitting such User Content. This means that you, and not S&R Games, are entirely responsible for all User Content that you transmit. Under no circumstances will S&R Games be liable for any errors or omissions in any User Content or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, listening, use of or inability to use any User Content sent through or appearing on any Game Communication Features.
S&R Games has no obligation to monitor or supervise the Game Communication Features and/or User Content, and expressly disclaims any representation that we will monitor or supervise such features and/or User Content. However, we expressly reserve the right, but not the obligation, in our sole discretion to monitor, screen, edit, block or remove any User Content, in whole or in part, sent through or appearing on any Game Communication Feature and you have no expectation of privacy in any content in any of the Game Communication Features. Without limiting the foregoing, S&R Games and its designees shall have the right to block or remove, in whole or in part, any User Content that is in violation of this Terms of Service, is illegal, infringing or otherwise offensive or objectionable. Accordingly, you acknowledge that the Game Communication Features are forums for public and not private communications. YOU AGREE TO INDEMNIFY AND HOLD S&R Games AND ITS DESIGNEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
Any and all User Content submitted to S&R Gamesshall be deemed, and shall remain, the property of S&R Games from the moment such User Content is created. S&R Games shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all User Content of every kind and nature, in perpetuity throughout the world. To the extent that any of the above may be void or unenforceable, you agree that any and all User Content is hereby irrevocably assigned to S&R Games, together with all intellectual property rights therein. To the extent any of the User Content is not assignable, by submitting User Content to S&R Games, you agree that S&R Games shall be irrevocably entitled, directly or indirectly throughout the world and in perpetuity, to modify, adapt, use, reproduce, license, publish, broadcast, perform, sell, translate, create derivative works from and distribute any User Content for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider or author of the User Content. You also give up any claim that any use by S&R Games of any User Content violates any of your rights, including but not limited to moral rights, rights of privacy, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.
If you are between the ages of thirteen (13) and eighteen (18), your parent or guardian must complete the registration process, in which case such parent or guardian will take full responsibility for all obligations under this Terms of Service. You represent that you are at least eighteen (18) years of age and are either accepting this Terms of Service on behalf of yourself or on behalf of your minor child. You may not transfer, sell, or share your Account with anyone, unless you are a parent or guardian, in which case you may permit your minor child to use the Account. You are liable for all activities conducted through the Account.
The Children’s Online Privacy Protection Act, administered by the Federal Trade Commission, imposes rules regarding the collection of personal information from children. The Service is not directed to children under the age of thirteen (13). If you are under the age of thirteen (13) you may not create an Account and must not provide any personal information to S&R Games.
4. Establishing an Account and Access to the Service
A. The Service is an on-line or mobile game service that must be played over the Internet or mobile network as provided by S&R Games, and you are wholly responsible for acquiring and paying for your own Internet or mobile network access along with all necessary equipment, servicing, repair or correction incurred in maintaining the use of the Service and the related services.
B. A Game account (“Account”) may be required to access certain features of Game, including the Game Communications Features. If you have questions about Account registration, please visit: Creating and Managing Your S&R Games Account.
To create an Account, you must provide your name, date of birth, mailing address and valid email address. You must provide truthful and accurate information. Accounts are available only to adults.
During the registration process, you may be required to provide your login ID (your verifiable email address) and a password (collectively referred to as “Login Information”). You may not share the Account or the Login Information with anyone other than as expressly set forth herein. You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, whether or not authorized by you. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify S&R Games by emailing to us. You are solely responsible for all activity on your Account. You should not reveal your Account password to others. S&R Games will not ask you to reveal your password or initiate contact with you asking for answers to your password security questions.
C. Username. In addition to your Login Information, you may be required to select a unique username for use with the Game Communication Features. Your username can be seen by others.
Therefore, if S&R Games finds a username to be offensive or improper, it may, in its sole and absolute discretion, change or ask you to change the username, block such user registration, remove the username from all aspects of the Game and Service, and/or suspend or terminate your Account. In particular, you may not use the name of another person, or a name which infringes a third party’s trademark, copyright, or other proprietary right. You may not use a name which may mislead others to believe you to be an employee of S&R Games, or which S&R Games deems at its sole discretion to be vulgar or otherwise offensive. S&R Games reserves the right, but not the obligation, in its sole and absolute discretion, to delete or alter any username, terminate or suspend your Account, or terminate any license granted herein, for any reason whatsoever.
Your Username may be deactivated if you do not use it for a long period of time after the date that it was created and S&R Games may remove and delete your Username at our sole discretion. We will use reasonable efforts to notify you by email before we delete your Username. If you advise us within five days of the notice that you want to keep your Username active, we will not delete it. If you do not so notify us, your Username will be permanently deleted, along with your User account records, ranks and service information.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF S&R Games. S&R Games does not recognize the transfer of Accounts or any items incorporated into or part of the Game or Service, including without limitation any characters, game items, EMPs or any other content or information therein (“Contents”). You may not purchase, sell, gift, trade, or offer to purchase, sell, gift or trade, any Account or any Contents incorporated into or part of the Game or Service, and any such attempt shall be null and void.
5. Paid Services
A. You may need to pay fees to access and acquire licenses to use certain game items or participate in game activities. You must have an Account and pay applicable fees by using online currency (“EMP”) to use such game items and participate in these activities. For more information about subscription and other fees for particular services, visit the S&R Games Store.
In order to obtain EMPs, you may be required to provide us or a third-party payment service provider designated by S&R Games with your credit card information and other information related to any type of payment and transaction. If your use of S&R Games’s service, purchase of subscription or game items is subject to use or sales tax or fees charged by third party service providers, S&R Games or the third-party payment service provider may charge for any such taxes and fees. As the account holder, you are responsible for all charges incurred, including applicable taxes and all purchases made via your Account.
If you leave a balance of EMP unused for a long period of time, we may process your EMP balance in accordance with our legal obligations, including by submitting funds associated with your EMP balance to the appropriate governing body where required by law or charge inactivity fees in accordance with applicable rules and regulations.
YOU UNDERSTAND AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
B. Certain game items have an expiration date, while others have no expiration date. Each game item that you acquire will be included in your Account until the earlier of that game item’s expiration date, if applicable or your Account’s expiration or termination date, or such date when the service ends.
C. S&R Games reserves the right to change our fees or billing methods at any time. If any change is unacceptable to you, you may terminate your Account but S&R Games will not refund any fees that may have accrued to your Account before your termination of your Account and S&R Games will not prorate fees for any subscription or game items, which has not been expired before the termination.
REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR GAME ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE GAME ITEMS.
6. Consent to Use of Data and Public Display
For purposes that S&R Games deems necessary, including but not limited to facilitating technical protection measures or providing software updates, content, support and other services to you, you agree that S&R Games or its agents may collect, use, store and transmit technical and related information that identifies your machine (including an Internet protocol address and machine ID), operating system, application software, and peripheral hardware. You agree S&R Games and its agents may also use this information in the aggregate, in a form which does not personally identify you, to improve its products and services and may share anonymous aggregate data with third parties.
7. Service Interruptions and Changes to the Service
S&R Games reserves the right to interrupt all or any aspect of the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that S&R Games will not be liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever. You acknowledge that the Service may be interrupted for reasons beyond the control of S&R Games, and S&R Games cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. S&R Games has the right at any time for any reason or no reason to change and/or eliminate any aspect of the Service as it sees fit in its sole discretion.
8. Links to Third-Party Sites
S&R Games may include hyperlinks to web sites operated by third parties including payment service providers and other content providers. Those sites may collect data or solicit personal information from you. S&R Games does not control such web sites, and is not responsible for their content, privacy policies, or for the collection use or disclosure of any information those sites may collect.
9. Patches and Updates
From time to time in its sole discretion, S&R Games may deploy or provide patches, updates and modifications to the Service that must be installed for you to continue to play Game. S&R Games may update the Game remotely including without limitation the Game Client residing on your machine, without your knowledge and you hereby grant S&R Games your consent to deploy and supply such patches, updates and modifications.
10. Termination and Suspension
You or S&R Games may terminate this Terms of Service and your Account at any time. You may terminate this Terms of Service at any time by terminating all your registered. S&R Games can terminate this Terms of Service by asking you to stop using the Service, and, at S&R Games’s sole and absolute discretion, by preventing your access to the Service and/or your Account. Upon termination of this Terms of Service, you will have no further rights to use the Service.
Your only right and remedy with respect to any dissatisfaction with the Service or any content therein is to terminate this Terms of Service and your Account and to cease using any services available through the Service, including Game Communication Features. You acknowledge and agree that you are not entitled to any refund for any amounts that you paid before the termination. S&R Games reserves the right to collect fees, surcharges or costs incurred before you terminate your Account or a subscription. You are also responsible for any amounts owed to third-party vendors or content providers before your termination. Any delinquent or unpaid fees and other unresolved issues with S&R Games’s service must be settled before you establish a new Account.
Without limiting the foregoing, S&R Games shall have the right to terminate this Terms of Service with you, effective immediately, and/or terminate or temporarily suspend your access to your Account and/or all or any part of the Service, without notice, in the event of any conduct by you which S&R Games, in its sole and absolute discretion, considers to be unacceptable, or for conduct that S&R Games believes is a violation of the terms and conditions contained herein or any other policies of S&R Games, or for other conduct which S&R Games believes, in its sole and absolute discretion, is harmful to S&R Games, other Service users, or third parties. S&R Games reserves the right to deny any account registration and to deny access to the Service to any individual.
The provisions of Sections 1, 2, 7, 11 and 12 shall survive any termination of this Terms of Service.
11. Changes to Terms of Service
S&R Games reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Terms of Service at any time, including without limitation access policies, the availability of any feature of the Service, hours of availability, content, data, software or equipment needed to access the Service, effective with or without prior notice; provided, however, that S&R Games intends to disclose material changes (as determined in S&R Games’s sole and absolute discretion) to you through any of one or a combination of: a patch process, or by email, postal mail, website posting, or pop-up screen. If you cannot comply with changes to this Terms of Service, or such changes are unacceptable to you, you must not use or access the Service and your Account. Continuing to access or use the Service following any revision to this Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes. S&R Games may change, modify, suspend, or discontinue any aspect of the Service at any time. S&R Games may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability. If you do not agree to any new terms, or to any of the terms in this Terms of Service, your only remedy is to not access or use the Service and to cancel your Account.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE END USER LICENSE AGREEMENT AND TERMS OF SERVICE AND AGREE THAT YOUR USE OF THE SERVICE IS BOUND BY THE TERMS AND CONDITIONS ABOVE.