1. TERMS
OF AGREEMENT
(a) Terms of Agreement. NetDragon
Websoft Inc.
(The
"Company")
offers to allow you
to play its multi-player online computer
game "Monster
& Me" on a
free-to-play
basis conditioned
on your agreement to all of the terms
and conditions contained in this
Agreement and your compliance with
the posted Rules of Conduct
(See the Company's Rules
of Conduct for more details).
The Game is free to play
with no monthly subscription fees.
Your use of Monster & Me
constitutes your agreement to all
such terms and conditions and
your compliance of the
Member Conduct.
To confirm your
agreement, you should click on the "I
Agree" button at the
end of this Agreement. If you do
not so agree, you should click on
the "I Do Not Agree"
button at the end of this Agreement,
in which case you reject the offered
terms of use and will not be permitted
to play Monster & Me. If you have
any questions regarding these terms
and conditions or the Rules of Conduct,
please contact an NetDragon Websoft
Inc. customer service by visiting the
following link: http://newband.monsterandme.com/index
(b) Amendments. The
company may amend, update, modify or
correct this Agreement or modify the
Rules of Conduct at any time in its
sole discretion without any obligation
to inform the User of the amendment
or changes by posting the amended Agreement
or modified Rules of Conduct at http://newband.monsterandme.com/index.
Amendments or changes to the Agreement
will be effective immediately after
the amended Agreement is posted. Modifications
to the Rules of Conduct will be effective
immediately upon posting. Your use
of Monster
& Me after the effective date of
any amendments to this Agreement constitutes
your agreement to the amendments. You
agree to check this Agreement and the
Rules of Content periodically so you
will be familiar with their content
as amended or modified from time to
time.
2. DESCRIPTION OF SERVICE
The Company offers Monster
& Me as a free online fantasy role-playing
game service accessible (the "Service")
through the internet at " http://newband.monsterandme.com/index " (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 associated with your Internet
connection. The Web Site located at http://newband.monsterandme.com/index is
an active part of the Service and any
use of the website is governed by the
same Terms of Agreement and Rules of
Conduct.
3. LICENSE TO USE
Subject to the terms of this Agreement,
The Company grants to you a non-exclusive
license to use the Service, and a non-exclusive
license to use the Software in connection
with the Service. You may not sublicense,
rent, lease, loan or otherwise transfer
the Software for profit, modify, adapt,
reverse engineer or recompile the Software,
or create any derivative works in respect
of the Software or the Service, or
otherwise use the Software except as
expressly provided in this Agreement.
4. ACCOUNT
(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 clicking the "I Agree" button
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 Monster &
Me 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.
NetDragon Websoft Inc. reserves the
right to delete, change, or require
you to change, any vulgar or otherwise
offensive Name. 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.
5. SERVICE FEES
The Game is free to play. You do not
need to pay any service fee to play
the Game. However, the Company is
not responsible for any other fees
or costs you paid or may have to
pay in order to play the Game, including,
but not limited to, fees to access
the internet; fees charged by a location
such as a cyber café, arcade, or
other location; or costs of computer
hardware or software.
6. TRADING AMONG PLAYERS
Trading of Game items or in
game money between Players on the same
serveris permitted. All other trading
or transfers, including without limitations,
trading of Account ID, Account Names,
and all out-of game transfers, are strictly
prohibited.
The
Company is not responsible for any
losses occured related to any permitted
or prohibited trading activities. ANY
AND ALL PROHIBITED CONDUCTS MAY RESULT
IN IMMEDIATE TERMINATION OF THE ACCOUNT
INVOLVED IN SUCH TRADING.
7. CONTENT AND MEMBER CONDUCT
(a) Content. 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.
(b) Rights in Content. You
acknowledge that
The Company
and Content Providers have rights
in their respective Content under copyright
and other applicable laws, and that
you accept full responsibility and
liability for your use of any Content
in violation of any such rights. You
agree that you will not use any Content
other than in connection with playing
Monster &
Me.
(c) Member Content. Members
can upload Content to our servers in
various forms, such as in selections
you make for Monster &
Me and in bulletin boards and similar
user-to-user areas. Unless specified
otherwise in your transmission, by
submitting your Content to any area
on the Service, you automatically grant
(or you warrant that the owner of such
Content has expressly granted) to
The Company
the royalty-free, perpetual, irrevocable,
non-exclusive right and license to
use, reproduce, modify, adapt, publish,
translate, create derivative works
from, distribute, perform and display
such Content worldwide and/or to incorporate
it in other works in any form, media,
or technology now known or later developed.
(d) 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, an NetDragon Websoft Inc. 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 NetDragon
Websoft Inc. 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, we do not allow the
use of any form of cheating programs
to play Monster and Me. These cheating
programs include not are not limited
to the following: macros, Away From
Keyboard (AFK) programs, CPU accelerator
or decelerator. If you use these cheating
programs, you may suffer severe consequences
including the followings: (i) You may
be penalized by the GM in the game;(ii)
You may lose certain items or pets
in the game; (iii) You may be banned
from playing M&M for a period time;
and (iv) Your account ID may been deleted.
The Company, or its employees or subsidiaries,
are not responsible for any consequences
caused by your use of cheating Programs
to play our games.
(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.
8. OFFICIAL SERVICE
The Company has designed Monster
& Me for play only as offered by
The Company at the Web Site. You agree
to play Monster & Me only as offered
by The Company at the Web Site and
not through any other means. You further
agree not to create or provide any
other means through which Monster & Me
may be played by others, as through
server emulators. 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
Monster & Me, except that you may
use the Software to the extent expressly
permitted by this Agreement. You may
not take any action which imposes an
unreasonable or disproportionately
large load on our infrastructure. You
may not sell or auction any Monster & Me
accounts, characters, items, coin or
copyrighted material.
9. PRIVACY
(a) The personal information you provide
us during registration is used for
our internal purposes only. We use
the information we collect to learn
what you like and to improve the Service.
Except as otherwise expressly permitted
by this Agreement or as otherwise authorized
by you, we will not give any of your
personal information to any third party
without your express approval. We do
not guarantee the security of any of
your private transmissions against
unauthorized or unlawful interception
or access by third parties. We can
(and you authorize us to) disclose
any information about you to private
entities, law enforcement agencies
or government officials, as we, in
our sole discretion, believe necessary
or appropriate to investigate or resolve
possible problems or inquiries, or
as otherwise required by law. If you
request any technical support, you
consent to our remote accessing and
review of the computer you load the
Software onto for purposes of support
and debugging. You agree that we may
communicate with you via email and
any similar technology for any purpose
relating to the Service, the Software
and any services or software which
may in the future be provided by us
or on our behalf.
(b) The Company can (and you authorize
us to) disclose any information about
you to private entities, law enforcement
agencies, or government officials,
as The Company, in our sole discretion,
believe necessary or appropriate to
investigate or resolve possible problems
or inquiries, or as otherwise required
by law.
10. PARENTAL GUIDANCE
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.
11. INTERRUPTION OF SERVICE
(a)
The 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.
(b) You acknowledge that the Service
may be interrupted for reasons beyond
the control of
The Company
and
The Company
cannot guarantee that you will
be able to access the Service or your
Account whenever you may wish to do
so.
The Company
shall not be liable for any interruption
of the Service, delay or failure to
perform resulting from any causes beyond
its reasonable control.
(c)
The Company
shall not be obligated to refund
all or any portion of any Account fee
by reason of any interruption of the
Service by reason of any of the circumstances
described in paragraph (a) or (b).
12. DISCLAIMER OF WARRANTY
THE COMPANY
PROVIDES THE SERVICE, THE SOFTWARE,
THE ACCOUNT, THE Monster &
Me GAME AND ALL OTHER SERVICES ON AN "AS
IS" BASIS, AND HEREBY EXPRESSLY
DISCLAIMS ALL WARRANTIES OR CONDITIONS
OF ANY KIND, WRITTEN OR ORAL, EXPRESS,
IMPLIED OR STATUTORY, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTY OF
TITLE, NONINFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, we
do not ensure continuous, error-free,
secure or virus-free operation of the
Service, the Software, your Account
or Monster &
Me. Some states 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
that vary from state to state.
13. LIMITATION OF LIABILITY THE
MAXIMUM AMOUNT OF THE COMPANY'S LIABILITY
TO YOU UNDER THIS AGREEMENT SHALL NOT
EXCEED THE AMOUNT OF A MONTHLY ACCOUNT
FEE PAID BY YOU TO
THE COMPANY
AND IN NO EVENT SHALL
THE COMPANY
OR ANY OF ITS SHAREHOLDERS, PARTNERS,
AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS OR SUPPLIERS, BE LIABLE TO YOU
OR TO ANY THIRD PARTY FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE
OR EXEMPLARY DAMAGES, INCLUDING WITHOUT
LIMITATION ANY DAMAGES FOR LOST PROFITS,
ARISING (WHETHER OR IN CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE) OUT
OF OR IN CONNECTION WITH THE SERVICE,
THE SOFTWARE, YOUR ACCOUNT OR THIS
AGREEMENT, WHETHER OR NOT NetDragon
Websoft Inc. MAY HAVE BEEN ADVISED
THAT ANY SUCH DAMAGES MIGHT OR COULD
OCCUR. Some states do not allow the
foregoing limitations of liability,
so they may not apply to you. You agree
that NetDragon Websoft Inc. cannot
be held responsible or liable for anything that
occurs or results from accessing or
subscribing to the Monster
& Me service.
14. INDEMNIFICATION At
The Company's request, you agree to
defend, indemnify and hold harmless
The Company
its shareholders, partners, affiliates,
directors, officers, employees, agents
or suppliers, its licensees, distributors,
Content Providers, and other Members
of the Service, from all damages, liabilities,
claims and expenses, including attorneys'
fees and costs, arising from any breach
of this Agreement by you.
15. TERMINATION
(a)We may terminate this Agreement
(including your Software license
and your Account) immediately and
without notice if you breach this
Agreement or willfully infringe any
third party intellectual property
rights, or if we are unable to verify
or authenticate any information you
provide to us, or upon game play,
chat or any player activity whatsoever
which is, in our sole discretion,
inappropriate and/or in violation
of the spirit of Monster & Me
as described in the Rules of Conduct.
If we terminate this Agreement under
any circumstances, you will lose
access to your Account for the balance
of any prepaid period without any
refund.
(b)You agree that if the service
or your account is terminated or cancelled
for any reason or length of time, you
are not entitled to any reimbursement
or refund of any fees or unused access
time.
16. GENERAL PROVISIONS This
Agreement is governed by and shall
be construed and enforced under the
laws of The State of California, without
applying any conflicts of law principles
that would require application of the
law of any other jurisdiction. 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. The UN
Convention on Contracts for the International
Sale of Goods is expressly disclaimed.
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. Notwithstanding anything
else in this Agreement, no default,
delay or failure to perform on the
part of The Company 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
The Company
. All notices given by you or required
under this Agreement shall be faxed
to [(909)612 - 0679]. Attn.: [Customer
Support].
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