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HI-REZ ONLINE TERMS & CONDITIONS
The Hi-Rez Online Terms & Conditions are comprised of the Last Update: September 24, 2008 By registering, you will open an account with Hi-Rez Studios, Inc. in the United States ("Hi-Rez"). Your data will be stored in the USA. Though Hi-Rez may share your data with affiliates in countries with varying personal data protection laws, your data is always protected by our Privacy Policy. Hi-Rez and Hi-Rez affiliates use your data to administer your account, provide information of interest to you, and to communicate with you. You may opt out of receiving marketing materials by changing your account preferences. More information about how Hi-Rez uses your data and your related rights can be found in our Privacy Policy below. By registering, you agree that Hi-Rez may process your data in accordance with the following Privacy Policy and that you will abide by the Hi-Rez Online Terms of Service ("Terms of Service") below. I. HI-REZ ONLINE PRIVACY POLICYHi-Rez and its subsidiary companies respect the privacy rights of our online visitors and recognize the importance of protecting the information collected about you. We have adopted a corporate wide Online Privacy Policy that guides how we collect, store and use the information you provide online. Hi-Rez adheres to the Safe Harbor Principles that were established by the U.S. Department of Commerce in consultation with the European Commission to comply with the European Commission's Directive on Data Protection that went into effect in October, 1998. If you have any questions, complaints, or comments regarding our privacy statement or policies, please contact the Data Privacy Officer at privacy@hirezstudios.com. This privacy policy (the "Hi-Rez Online Privacy Policy") applies to the following web sites operated by Hi-Rez (hereinafter referred to as the "Hi-Rez web sites" or "our web sites"):
www.hirezstudios.com In addition, Hi-Rez owns several other domain names that point to the web sites listed above, and we will from time to time add new web sites that may or may not be listed above. Please note that this policy applies only to web sites maintained by Hi-Rez or its subsidiaries, and not to web sites maintained by other companies or organizations to which we link. This Privacy Policy applies only to information collected by Hi-Rez online, not offline. Third Party Web Sites.If you click on a link to a third party web site, including on an advertisement or a link to an on-line advertising company, you will leave the Hi-Rez web site you are visiting and go to the web site you selected. Because we cannot control the activities of third parties, including third-party service providers, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as Hi-Rez. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party web site that is linked to a Hi-Rez web site, you should consult that web site's privacy policy before providing any personal information. What is personal information and when does Hi-Rez collect it?Personal information is information that identifies you and may be used to contact you on-line or off-line. Hi-Rez collects personal information from our online visitors during (1) contests (registration or claiming a prize), (2) warranty registration and/or during customer support or technical service requests, (3) player match up or other online services, (4) registration for games or special game-specific event participation, (5) marketing surveys and email campaigns, (6) registration for membership on our web sites, (7) when you order products or subscriptions from us online, or (8) when you request services from third party service providers on our web sites or (9) through use of our software or online services. Information collected will vary depending upon the activity and may include your name, e-mail address, phone number, mobile number, home address, birth date, and credit card information. In addition, we may collect demographic information such as gender, zip code, information about your computer, hardware, software, platform, media, Internet IP address and connection, information about online activity such as feature usage, game play statistics and scores, user rankings and click paths and other data that you may provide in surveys or online profiles. In addition, we may combine demographic information with personal information. Prize winners may also be required to provide Social Security or Social Identification Number for tax purposes. We do not require personal information to obtain access to any of our web sites; however, you will not be able to access areas that require registration, unless you provide the requested personal information. Whatever the purpose may be, we will only collect personal information to the extent reasonably necessary to fulfill your requests and our legitimate business objectives. Online Chat Rooms, Forums and ProfilesYou may choose to disclose information about yourself in our online chatrooms, forums or in creating user "profiles" when you play games on our web sites. Information that you disclose in chat rooms or in "profile" information is public information, and there is no expectation of privacy or confidentiality in either place. Please see our Terms of Service on this point and for other guidelines about posting content on our web sites. Statistical and Usage DataWhen you play our games on your PC, we may retrieve information about your hardware system and how our game is used, including your Internet Protocol Address. We use this information to enable you to play our game over the Internet. We also use this information to better understand the behavior and preferences of our customers, so that we can improve our products and services. We will never use this information to personally identify you without your knowledge or consent. Public DataYour participation in tournaments or other online game events is conditional upon you agreeing to us collecting, using, storing, transmitting and publicly displaying statistical data (such as your scores, rankings and achievements) generated through your participation in the foregoing. A Special Note About ChildrenHi-Rez does not permit access to the Hi-Rez web sites by children under the age of 13. If you are under 13 years of age, you should not access, or attempt to obtain access to, any of the Hi-Rez web sites. When registering for an online account with Hi-Rez, you will be asked to provide your age, and you will not be permitted to become a Member (as defined herein) if you are under 13 years of age. In addition, in some cases, we may not permit children under 14 or 18 years of age to participate in certain of our web sites. What about cookies and other technologies?We may use cookies and other technologies to passively collect demographic information, personalize your experience on our web sites and monitor advertisements and other activities. Cookies are small files downloaded to your computer to track movements within web sites. Certain of our web sites may use cookies to keep track of your shopping cart and make sure you don't see the same ad repeatedly. Also, we may use cookies to deliver content specific to your interest and for other purposes. For example, certain of our web sites may use "cookies" or other methods to monitor web site usage. We may collect information on what games are played, how much time is spent playing the games and which ads or links are clicked. We may link cookie information to personal information. Certain of our web sites use an outside ad company to display ads. These ads may contain cookies. Cookies received with banner ads are collected by our ad companies, and Hi-Rez does not have access to this information. Most browsers are automatically set to accept cookies whenever you visit a web site. You can disable cookies or set your browser to alert you when cookies are being sent. However some areas of our web sites will not function properly if you do so. Other technologies used include clear GIFs and IP address logging. Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an e-mail message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or e-mail message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages. Hi-Rez also maintains log files which contain Internet Protocol ("IP") addresses. An IP address is a numeric address that is assigned to your computer by your Internet Service Provider. In general, we only use log files to monitor traffic on our web sites, to report aggregate information to our advertisers and to troubleshoot technical problems. In the event of user abuse of our web sites; however, we may block certain IP addresses or console IDs provided by our licensed hardware manufacturers. IP addresses and console IDs may be used to personally identify you in order to enforce our Terms of Service. What happens to the information provided?Hi-Rez does not disclose any personal information about children under 18 years of age who have registered on any of our web sites to third parties, regardless of parental consent, or share or disclose personal information other than as set forth in this policy, provided however, that in the event of a merger, acquisition, asset sale or in the unlikely event of bankruptcy, customer information (including, without limitation, personal information) maintained by Hi-Rez may be transferred to its successor or assign. Members may register for other services from our web site(s). If you opt in to any of these services, we may collect additional information requested by a service provider and pass this information, together with all other registration information (including, without limitation, personal information), to that service provider. Use of your personal information by a service provider will be governed by that service provider's terms of service and privacy policy. We may also retain any additional information collected for use in accordance with the terms of this Privacy Policy. Participation in these other related services is optional and is not required participate in any of our other web sites. The personal information you provide will allow us to alert you to new products, features and enhancements; special offers; upgrade opportunities; and contests and events of interest. From time to time, we are approached by companies and organizations that provide products or services that we believe may be of interest to you, and we may provide your personal information to such third parties. We see this as a value-added service helping you to find useful products or services. We strive to limit use of the information you provide to those offers that we think you would appreciate receiving. You may opt out of this service. See the opt-out information below. We may send emails that may contain information regarding third-party products or services; however, this doesn't mean that we've traded your personal information to any party. We may use survey information in marketing surveys to select and direct advertising that is more likely to be of interest to a particular member. This information may be transmitted to an ad server owned by an advertising company to match members with ads that they are more likely to be interested in. However, we do not disclose any member's personal information to our advertisers without the member's consent. Participation in member surveys is entirely optional. We may share aggregate consumer data (which does not contain personal information) with the advertising companies or with any other third-party, and we may use such information for any legitimate business purpose in our sole discretion. From time to time, Hi-Rez may employ third-party contractors to collect personal information on our behalf, or to provide email delivery, product or promotional fulfillment, or other services on our web sites. When requesting these services, you may be asked to supply your name, mailing address, telephone number and email address. When our third-party contractors collect and/or have access to the personal information you provide when requesting such services from Hi-Rez, Hi-Rez requires that they adhere to our stated privacy policies and protect the confidentiality of personal information they collect or have access to in the course of their engagement by Hi-Rez. Finally, we may use your personal information for our internal marketing and demographic studies, so we can consistently improve our web sites to better meet our visitors' needs. To enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, we may also disclose personal information to law enforcement, or the appropriate civil authorities. Where is the information held?Hi-Rez currently maintains and stores your personal information on servers located within the United States. In the event that Hi-Rez becomes a global organization, some of the computer systems on which Hi-Rez collects, stores, and uses the information it collects or receives may be based outside the United States. Therefore, your personal information may be transferred to, used, processed or held by Hi-Rez in the United States and in other countries, including countries both in and outside the European Union, and used for the purposes set out in this Privacy Policy. Opt-out ProvisionWhen we first collect information about you, we will offer you the opportunity to opt-out of having your personal information shared with parties outside of Hi-Rez or its subsidiaries (except to the extent required by law, court order, or as requested by other government or law enforcement authority). If you choose to have your name removed from our mailing list, you can do so by contacting the Data Privacy Officer at privacy@hirezstudios.com. Safeguarding Your Personal InformationWe will only collect and use personal information in accordance with this privacy policy to the extent deemed reasonably necessary to serve our legitimate business purposes, and we will use commercially reasonable physical, managerial and technical safeguards to preserve the security, integrity, accuracy and privacy of the information you have provided. In addition, we will take reasonable steps to assure that third parties to whom we transfer any personal information will provide commercially reasonable protection of that information. We cannot, however, ensure or warrant the security of any information you transmit to Hi-Rez, and you do so at your own risk. Once we receive your transmission of information, Hi-Rez makes commercially reasonable efforts to ensure the security of such information on our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial or other safeguards. If Hi-Rez learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Hi-Rez may post a notice on its web sites if a security breach occurs. Review, Correction of Your Information and Requesting Removal from Mailing Lists and Deactivating Your AccountIf for any reason you are concerned that the personal information maintained by Hi-Rez is not correct, or should you wish to have your account(s) deactivated or be removed from our mailing list, please email the Data Privacy Officer at privacy@hirezstudios.com describing, in reasonable detail, the nature of the problem or concern. We will then review, update or remove information as appropriate within a commercially reasonable time frame after receiving such notice from you. We may still retain your information in our electronic data or other files, however, to resolve disputes, enforce our end user agreement, and due to technical and legal requirements and constraints related to the security, integrity and operation of our web sites. By using this web site, you signify your assent to the Hi-Rez Online Privacy Policy. If you do not agree to this policy, please do not use any Hi-Rez web site. We reserve the right to make changes in this policy at any time. Please check the policy each time you use any of our web sites to ensure you are aware of any changes in our privacy practices. The Hi-Rez Online Privacy Policy will indicate the date it was last updated. Also, if there is a substantive change in the way that we use your personal information, we will notify you via e-mail of the relevant changes. If you choose to opt-out of our changed practice, our e-mail will contain instructions on how to opt-out. Your continued use of any of our web sites will signify and be deemed to constitute your acceptance of the changes to the Hi-Rez Online Privacy Policy. II. HI-REZ ONLINE TERMS OF SERVICEHi-Rez Online ("Hi-Rez Online" or "Service"), is composed of the Hi-Rez Studios web site, www.globalagendaalpha.com, and affiliated web sites, and offers games, activities and services. Hi-Rez Studios and its subsidiaries and affiliates (collectively, "Hi-Rez") owns these web sites. Your use of Hi-Rez Online is subject at all times to our Terms of Service and our Privacy Policy. Your Hi-Rez Online member account ("Account") and all of our games, activities and other services, regardless of when they are added to Hi-Rez Online, are governed by our Terms of Service. Our player community is always evolving, so it's important that you periodically check here (as well as the rules and instructions in your favorite game areas) for updates and new information. Hi-Rez Online may update or revise the Terms of Service at any time. You agree to review the Terms of Service periodically to become aware of such revisions. You can view the Terms of Service at any time by clicking on the Terms of Service link at the bottom of our HirezStudios.com home page. Your continued use of the Service after a revised Terms of Service is posted on Hi-Rez Online shall be deemed to constitute your acceptance of such revisions. If you don't agree to the changes, or to any of the terms in this Terms of Service, your only remedy is to not use Hi-Rez Online and to cancel any Account or services you have signed up for. If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate any and all accounts that you have established with us. You acknowledge that Hi-Rez Online is not required to provide you with any notice before terminating your Account, but it may choose to do so. These Terms of Service, the Hi-Rez Online Privacy Policy and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes, constitute the entire agreement between you and Hi-Rez regarding your rights and obligations in your use of the Service. In the event of a direct conflict between these Terms of Service and any other rules or instructions posted on Hi-Rez Online, the applicable rules or instructions posted on Hi-Rez Online shall be deemed to govern and control. If you have questions about the Terms of Service, please contact us by emailing alphasupport@hirezstudios.com. 1. HI-REZ ONLINE ACCOUNT REGISTRATION.When you complete a Hi-Rez Online registration process, you create a Hi-Rez Online Account and become a Hi-Rez Online Member ("Member"). Your Account allows you to participate in certain games and activities on Hi-Rez Online. To create an Account, you must select a login name and password. Your login name is your Hi-Rez Online identity. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the Terms of Service. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your Hi-Rez Online Account. You are solely responsible for all activity on your Account and for the security of your computer system or video console system. You may not reveal your password to other users. Hi-Rez will not ask you to reveal your password or ever initiate any contact with you by asking for your reminder words. You agree to indemnify and hold Hi-Rez harmless for any improper or illegal use of your Account. This includes, without limitation, any illegal or improper use by someone to whom you have given permission to use your Account. Your Account is at risk if you let someone use it inappropriately, and your Account in any of our services is subject to termination if you or anyone using your Account violates our Terms of Service. If your Account is terminated, you may not join Hi-Rez Online again without our express prior written permission. If you wish to rejoin the Service, please contact alphasupport@hirezstudios.com. 2. ONLINE CONTENT.By "Content", we mean the software, communications, images, sounds, and all the material and information you see on our Service. Hi-Rez, our Members, our affiliates, and our independent content providers provide most of the Content on Hi-Rez Online. Hi-Rez does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on Hi-Rez Online. Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for Hi-Rez Online. Content standards may vary depending on where you are on Hi-Rez Online, the type of game you are playing and the expectations of the community in which you reside. Some game play and chat rooms may involve use of stronger language than others, including mild expletives. Always use your best judgment in online conduct. If you would not say something in a room full of people you have never met, or in the workplace, don't post it on our message boards or chat rooms. Hi-Rez Online representatives may monitor your communications on Hi-Rez Online. But we cannot monitor all of the Content on Hi-Rez Online, and we do not attempt to do so. If you encounter something you don't want to see, you can report it to the game support or complaint e-mail address for the area in which the incident occurred. HI-Rez does not endorse, approve, or prescreen any Content that you or other users post or communicate on the Service. To the maximum extent permitted by applicable law, Hi-Rez does not assume any responsibility or liability for Content that is generated by Members or other guests on Hi-Rez Online. We reserve the right to remove Content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. Hi-Rez does not assume any liability for any failure to remove, or any delay in removing, any Content. If we have removed Content that you created, we may send you a warning. If it's a serious offense or you've violated our Terms of Service before, we may ban you from participating on Hi-Rez Online and terminate your Account. You also acknowledge that the time that you spend on Hi-Rez Online is solely for entertainment purposes, and that no value can be attributed to such time. In particular (but without limitation), you understand that no value can be attributed to the time that you may spend accumulating digital objects (such as points, tokens and other in-game objects) or developing Content. 3. ONLINE CONDUCT.Online conduct should be guided by common sense and basic etiquette. The laws that apply in the offline world must be obeyed online as well. We have zero tolerance for illegal behavior on Hi-Rez Online. You must also obey rules for use of third party tools, and rules of interactive service providers, state, local, federal laws, or foreign or international law where appropriate. Ignorance of the law is no excuse. We will terminate your use of Hi-Rez Online and cooperate with law enforcement in the event of illegal behavior. You agree that you will be personally responsible for your use of Hi-Rez Online and for all of your communications and activities on the Service, including, without limitation, any Content that you contribute, and that you will indemnify and hold harmless Hi-Rez, its affiliates, employees, officers, and directors from any liability, damages and expenses (including, without limitation, reasonable attorneys' fees) arising from your conduct on Hi-Rez Online, including, without limitation, any Content that you contribute. The following list of prohibited conduct is for illustrative purposes only and is a non-exhaustive list of potential violations of these Terms of Service. You will be deemed to have violated these Terms of Service if you (or others using your Account) do any of the following:
The foregoing lists of prohibited conduct and restrictions on use are referred to herein, collectively, as "Rules of Conduct". If you encounter another user of the Service who is violating any of the Rules of Conduct described above, please report them by emailing alphasupport@hirezstudios.com. Hi-Rez does not recognize or condone any outside service that may be used for the exchange of points, assets or attributes that you may accumulate as a result of participating in the Service or playing a Hi-Rez game. This includes the exchange of points on services including eBayTM or Yahoo!TM Auctions. We don't assume any responsibility for, and won't support, such transactions. ALWAYS USE CAUTION WHEN EXCHANGING ASSETS ON THESE SERVICES! YOU FURTHER AGREE THAT THESE TERMS OF SERVICE WILL APPLY TO ANYONE THAT YOU ALLOW TO USE YOUR ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING, WITHOUT LIMITATION, TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON VIOLATES THESE TERMS OF SERVICE. IN ORDER TO HELP MAKE THE SERVICE A GOOD EXPERIENCE FOR EVERYONE, HI-REZ MAY OCCASIONALLY FIND IT NECESSARY TO MAKE CHANGES TO, OR RESET CERTAIN PARAMETERS OF, THE SERVICE IN ORDER TO BRING IT BACK INTO BALANCE. THESE CHANGES OR RESETS MAY AFFECT CHARACTERS OR TEAMS UNDER YOUR CONTROL AND MAY CAUSE YOU SETBACKS WITHIN THE GAME WORLD. THESE TERMS OF SERVICE MAY BE CHANGED, AND NEW TERMS MAY BE ADDED, AT ANY TIME. YOU AGREE TO CHECK THE SERVICE WEB SITE FROM TIME TO TIME TO REVIEW ANY TERMS OF SERVICE CHANGES THAT HI-REZ MAY HAVE MADE. YOUR CONTINUED USE OF THE SERVICE AFTER ANY CHANGES TO THESE TERMS OF SERVICE SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF ANY SUCH CHANGES. Public Nature of Communications.You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication on this Service are public and not private communications, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications., Therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Service. Hi-Rez is not responsible for information that you choose to communicate to other users on the Service, or for the actions of other users. Once you post or send any Content to Hi-Rez Online, you expressly grant Hi-Rez a perpetual, irrevocable assignable, transferable right and license to quote, re-post, use, reproduce, modify, create derivative works based upon, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, for any legitimate business purpose, (with or without attribution to you or your screen name) in Hi-Rez's discretion, and without any notice or compensation to you of any kind, and you hereby grant all consents, rights and clearances to enable Hi-Rez to use such Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Content. Commercial Activity and Unsolicited E-mail.You may not advertise any goods or services on Hi-Rez Online. Chain letters and pyramid schemes are not allowed. You may not use any area of Hi-Rez Online to collect information, including login names, about Hi-Rez Online Members, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit Hi-Rez Online, or any games or services offered on Hi-Rez Online for any commercial purpose. Any violation of these provisions can subject your Hi-Rez Online Account(s) to immediate termination (or result in revocation of guest status, if you are a guest) and further legal action.
Use of Machines, Computers, Scripts.The use of machines, computers, scripts or any automated system on Hi-Rez Online is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code and/or under applicable laws in other jurisdictions. You may only play Hi-Rez Online games with one type, version or copy of browsing software application at any one time. Hi-Rez may terminate and permanently disqualify any Members who, in its sole discretion, it determines are in violation of, or have violated, these Terms of Service. All decisions by Hi-Rez are final. Proprietary Rights; Copyrights and Trademarks.Much of the Content available on Hi-Rez Online is owned by Hi-Rez or our third-party licensors, and is protected by copyrights, trademarks, and other intellectual property rights. You shall not copy or download any Content from Hi-Rez Online unless we have expressly, in advance and in writing, authorized you to do so. You must have the legal right to upload any Content to Hi-Rez Online before you do so. You shall not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on Hi-Rez Online, unless Hi-Rez expressly authorizes you to do so in advance and in writing. Making unauthorized copies of any Content found on Hi-Rez Online can lead to the termination of your Hi-Rez Online Account(s) (or revocation of guest status, if you are a guest) and may subject you to further legal action. Similarly, other Content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless Hi-Rez and its subsidiaries, affiliates, related companies, employees, officers, directors and agents from any and all damages, liabilities and expenses (including, without limitation, reasonable attorneys' fees) based upon, or arising out of, any such action. Hi-Rez respects the intellectual property rights of others. You may not upload or post on Hi-Rez Online any Content protected by copyright, trademark or other intellectual property rights (the "Intellectual Property Rights") unless (i) you are the owner of the Intellectual Property Rights; or (ii) you have the prior written consent of the owner(s) of the Intellectual Property Rights to make such use of the applicable Content. You hereby represent and warrant to Hi-Rez that you own all necessary and required right, title and interest in and to any and all Content that you post or upload to Hi-Rez Online sufficient to allow for such posting or uploading (as applicable) and sufficient to grant the licenses granted by you pursuant to these Terms of Service. Hi-Rez may, without prior notice to you, remove from Hi-Rez Online any Content that Hi-Rez, in its sole business judgment, believes may infringe upon, or otherwise violate, the Intellectual Property Rights of a third party. If you are a repeat infringer or violator of a third party's Intellectual Property Rights, Hi-Rez may immediately terminate your Hi-Rez Account without prior notice to you. If your Account is terminated, no refund will be granted, and you will lose access to everything associated with your Account (including, without limitation, points, virtual property and tokens). If you are a copyright owner and you believe that any Content posted on Hi-Rez Online infringes your rights, you may submit a written notification to us. Hi-Rez Online Software.Some games on Hi-Rez Online may require that you download software from Hi-Rez or its licensors onto your computer ("Hi-Rez Online Software"). Hi-Rez grants to you a non-exclusive, limited, revocable, non-assignable, non-transferable license to use Hi-Rez Online Software to play games on our Service. To the extent permitted under applicable law, you may not sub-license, or charge others to use or access Hi-Rez Online Software. To the extent permitted under applicable law, you may not use Hi-Rez Online Software for any other purpose. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Hi-Rez Online Software. You may not modify Hi-Rez Online Software or use it in any way not expressly authorized in advance and in writing by Hi-Rez. You understand that Hi-Rez's introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by Hi-Rez may vary depending on your computer and other equipment. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER HI-REZ NOR ITS LICENSORS SHALL HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE HI-REZ ONLINE SOFTWARE (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU. Hi-Rez Online Software may be subject to United States export controls, and export controls of other jurisdictions. By downloading Hi-Rez Online Software from Hi-Rez, you warrant that you are not located in any country, or exporting Hi-Rez Online Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. Export Control Laws.You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Hi-Rez Online Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Hi-Rez Online any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of these Terms of Service. User's Computer Information.When you connect to Hi-Rez Online, we may retrieve information from the computer used to log onto the Service about the computer's hardware system and any data related to the computer's operation of Hi-Rez Online Software. We will not collect any personal information about you, however, without your knowledge and consent as stated in our Privacy Policy. Links to Third-Party Web Sites.Hi-Rez Online may include hypertext links to web sites operated by parties other than Hi-Rez including, without limitation, advertisers and other content providers. Those web sites may collect data or solicit personal information from you. Hi-Rez 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 web sites may collect. Patches.From time to time, Hi-Rez may provide you with updates or modifications to the Hi-Rez Online Software ("Patches"). You understand that in order to continue using the Hi-Rez Online Software and the Service, you must accept and install all Patches that you receive from Hi-Rez. Additional Terms and Conditions for Specific Games.When you subscribe to play certain games (for example, Global Agenda), you may need to read and agree to a service or membership agreement that is specific to that game, and which may have terms that are slightly different from the ones that are found here. Your subscription to that game, and play of that game, is subject to those specific terms and these Terms of Service. In the event of a direct conflict between the game-specific terms and these Terms of Service, the applicable game-specific term(s) shall be deemed to govern and control. 4. BETA TESTS.You may be given the opportunity to beta test new games and web site features. Your participation as a beta tester shall be subject to the terms and conditions of the applicable Beta Test Agreement that you enter into with Hi-Rez prior to accessing such new games and/or web site features, as applicable. 5. NEWSLETTERS, CONTESTS & SWEEPSTAKESBy subscribing to our newsletter(s), subscribers understand they may be automatically entered into future contests and sweepstakes for subscribers as long as they meet the applicable eligibility requirements, and also agree to all rules and conditions of those contests and sweepstakes. 6. LIMITATIONS ON WARRANTY AND LIABILITY.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF HI-REZ ONLINE, HI-REZ ONLINE SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. HI-REZ ONLINE, HI-REZ ONLINE SOFTWARE, HI-REZ'S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. HI-REZ PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT HI-REZ WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HI-REZ OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT). YOU ACKNOWLEDGE AND AGREE THAT HI-REZ, ITS SUBSIDIARIES, LICENSORS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON OR ENTITY REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF HI-REZ ONLINE SOFTWARE. IN NO CASE SHALL HI-REZ OR ITS SUBSIDIARIES, LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "HI-REZ AFFILIATES") TOTAL LIABILITY (IF ANY) TO YOU EXCEED, IN THE AGGREGATE, THE AMOUNT THAT YOU PAID TO HI-REZ FOR USE OF THE SERVICE. IN NO CASE SHALL HI-REZ OR HI-REZ ONLINE AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF HI-REZ ONLINE, HI-REZ ONLINE SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR MEMBERSHIP WITH, HI-REZ ONLINE, IRRESPECTIVE OF WHETHER OR NOT THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HI-REZ'S AND HI-REZ ONLINE AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. HI-REZ DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED BY OR THROUGH HI-REZ ONLINE AND WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS OF SERVICE. 7. INDEMNIFICATION.Upon request by Hi-Rez, you agree to indemnify and hold harmless Hi-Rez and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including, without limitation, reasonable attorneys' fees, that arise from a breach by you (or any third-party that has or obtains access to your Account) of these Terms of Service (including, without limitation, any of your representations or warranties set forth herein) or in connection with your transmission or posting of any Content on Hi-Rez Online. Hi-Rez reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This Section shall survive termination of these Terms of Service. 8. OTHER LEGAL TERMS.You agree that these Terms of Service are not intended to confer, and do not confer, any rights or remedies upon any person other than the parties to these Terms of Service. You also understand and agree that these Terms of Service and the Hi-Rez Privacy Policy, including, without limitation, Hi-Rez's enforcement of the foregoing, are not intended to confer, and do not confer, any rights or remedies upon any person. If any provision of these Terms of Service is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, as set forth herein, and the remaining portions shall remain in full force and effect. |
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