Empire Online
Terms of Use Agreement
last updated: 11 March 2011
You should carefully read the Amoxil overdose following Empire Online Terms of Use agreement (the “Terms of Use” or “Agreement”). This software is Amoxil overdose licensed, not sold. by installing, copying or otherwise using the game (defined below), you Amoxil overdose agree to be bound by the terms of this agreement. if you Amoxil overdose do not agree to the terms of this agreement, you Amoxil overdose are not permitted to install, copy or use the game. If you Amoxil overdose do not agree with all of the terms of this Amoxil overdose agreement, you must click “reject.”
Welcome to Gameislive Corporation Limited’s (“Lakoo”) “Empire Online” (the “Game”). the Game includes two components: (a) the software program along with any accompanying materials or documentation (collectively, the “game client”), and (b) Lakoo’s proprietary Empire Online online service (the “service”). Your use of the Amoxil overdose service is subject to this agreement, incorporated herein by this reference, both of which you Amoxil overdose must accept before you can use the game client or the Amoxil overdose service.
For purposes of this Agreement, “Lakoo” shall mean Gameislive Corporation Limited for Amoxil overdose those accessing the Empire Online. This software program, and any files that Amoxil overdose are delivered to you by Lakoo(via on-line transmission or otherwise) to “patch,” update, or Amoxil overdose otherwise modify the software program, and any and all copies and Amoxil overdose derivative works of such software program (collectively, with the “Game Client” defined below, the “Game”) is Amoxil overdose the copyrighted work of Lakoo. Any and all uses of the Amoxil overdose Game are governed by the terms of this Agreement.To play the Amoxil overdose Game, you must (a) obtain from Amoxil overdose Lakoo access to the Empire Online massively multi-player online role-playing game service (the “Service”), available at http://www.lakoo.com/empire/term; and (b) register an Amoxil overdose account by any means directly from Lakoo. The Game is Amoxil overdose distributed solely for use by authorized end users according to Amoxil overdose the terms of this License Agreement. Any use, reproduction, modification or Amoxil overdose distribution of the Game not expressly authorized by the terms of the Amoxil overdose License Agreement is expressly prohibited.
1. Grant of a Limited License to Use the Service
Subject to Amoxil overdose your agreement to and continuing compliance with the Terms of Use agreement, you Amoxil overdose may use the Service solely for your own non-commercial entertainment purposes by accessing it Amoxil overdose with an authorized, unmodified Game Client. You may not use the Amoxil overdose Service for any other purpose, or in connection with any other software.
You may establish an Account only if you are a “natural person”. If you Amoxil overdose agree to this License Agreement, you may install the software (hereafter referred to as the “Game Client”) onto your Amoxil overdose device for purposes of playing the Game by registering for and Amoxil overdose accessing an account with the Service (the “Account”). Subject to Amoxil overdose your agreement to and continuing compliance with this License Agreement, Lakoo hereby grants, and Amoxil overdose you hereby accept, a limited, non-exclusive license to install the Game Client on one or Amoxil overdose more devices owned by you or under your legitimate control. Any and Amoxil overdose all uses of the Game Client are subject to this License Agreement which you Amoxil overdose must accept before you can play the Game.
2. Additional License Limitations.
The license granted to Amoxil overdose you in Section 1 is subject to the limitations set forth in Sections 1 and Amoxil overdose 2 (collectively, the “License Limitations”). Any use of the Amoxil overdose Service or the Game Client in violation of the License Limitations will be Amoxil overdose regarded as an infringement of Lakoo’s copyrights in and Amoxil overdose to the Game. You agree that you will not, under any circumstances:
A. use cheats, automation software (bots), hacks, mods or Amoxil overdose any other unauthorized third-party software designed to modify the Empire Online experience;
B. exploit the Amoxil overdose Game or any of its parts, including without limitation the Service, for Amoxil overdose any commercial purpose, including without limitation (a) for Amoxil overdose gathering in-game currency, items or resources for sale outside the Amoxil overdose Game; or (b) performing in-game services in exchange for Amoxil overdose payment outside the Game, e.g., power-leveling;
C. use any unauthorized third-party software that intercepts, “mines”, or Amoxil overdose otherwise collects information from or through the Game or the Amoxil overdose Service, including without limitation any software that reads areas of RAM used by the Amoxil overdose Game to store information about a character or the game environment; provided, however, that Amoxil overdose Lakoo may, at its sole and absolute discretion, allow the Amoxil overdose use of certain third party user interfaces;
D. modify or Amoxil overdose cause to be modified any files that are a part of the Amoxil overdose Game Client or the Service in any way not expressly authorized by Lakoo;
E. host, provide or Amoxil overdose develop matchmaking services for the Game or the Service, or Amoxil overdose intercept, emulate or redirect the communication protocols used by Lakoo in any way, for Amoxil overdose any purpose, including without limitation unauthorized play over the internet, network play, or Amoxil overdose as part of content aggregation networks;
F. facilitate, create or Amoxil overdose maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to Amoxil overdose any unauthorized server that emulates, or attempts to emulate, the Service; and Amoxil overdose (b) any connection using programs or Amoxil overdose tools not expressly approved by Lakoo; or
G. disrupt or assist in the disruption of (i) any computer used to support the Service (each a “Server”); or (ii) any other player’s Game experience. Any attempt by you Amoxil overdose to disrupt the service or undermine the legitimate operation of the Amoxil overdose game client may be a violation of criminal and civil laws. You agree that Amoxil overdose you will not violate any applicable law or regulation in connection with your Amoxil overdose use of the Game Client or the Service.
H. in whole or Amoxil overdose in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or Amoxil overdose create derivative works based on the Game; provided, however, that you Amoxil overdose may make one (1) copy of the Amoxil overdose Game Client and the manuals that accompany it for archival purposes only;
I. sell, grant a Amoxil overdose security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, or Amoxil overdose rent, lease or license the Game to others.
J. in connection with your Amoxil overdose use of a Game client or the Service, violate any applicable law or Amoxil overdose regulation. Without limiting the foregoing, you agree that you will not make available through the Amoxil overdose Service any material or information that infringes any copyright, trademark, patent, trade secret, or Amoxil overdose other right of any party (including rights of privacy or publicity).
K. connect to Amoxil overdose or use the Service in any way not expressly permitted by this Amoxil overdose Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist, or Amoxil overdose become involved in any type of attack, including without limitation denial of service attacks, upon the Amoxil overdose Service or otherwise attempt to disrupt the Service or any other person’s use of the Service; or (b) attempt to Amoxil overdose gain unauthorized access to the Service, Accounts registered to other players, or Amoxil overdose the computer systems or networks connected to the Service.
L. make actions related to Amoxil overdose Data Mining in our game. You agree that you will not (a) obtain or Amoxil overdose attempt to obtain any information from the Service or any Game using any method not expressly permitted by Lakoo; (b) intercept, examine or Amoxil overdose otherwise observe any proprietary communications protocol used by a client or Amoxil overdose the Service, whether through the use of a network analyzer, packet sniffer or Amoxil overdose other device; (c) use any third-party software to Amoxil overdose collect information from or through a Game client or the Service, including without limitation information about your Amoxil overdose character, any Account registered to you, virtual items, other players, or Amoxil overdose other Game data.
M. disrupt or assist in the disruption of (i) any computer used to Amoxil overdose support the Service or any Game environment (each a “Server”); or (ii) any other player’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
N. infringe the Amoxil overdose local, country and international laws when using the Service.
3. Fees.
You agree to Amoxil overdose pay all fees and applicable taxes incurred by you or anyone using an Amoxil overdose Account registered to you. If you choose a recurring subscription for Amoxil overdose any Game, you acknowledge that payments will be processed automatically (e.g., debited from your account or charged to your credit card) until you Amoxil overdose cancel the subscription or the Account. Lakoo may revise the pricing for Amoxil overdose the goods and services offered through the Service, including without limitation subscription plans for Amoxil overdose any Game, at any time. You acknowledge that Lakoo is not required to Amoxil overdose provide a refund for any reason, and that you will not receive money back for Amoxil overdose prepaid time when the account is closed, whether such closure was voluntary or Amoxil overdose involuntary.
3.Ownership.
All rights and title in and to the Service (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets” incorporated into the Amoxil overdose Game Client, transcripts of the chat rooms, character profile information, recordings of games played using the Amoxil overdose Game Client, and the Game Client and server software) are Amoxil overdose owned by Lakoo. The Game and the Service are protected by Hong Kong and Amoxil overdose international laws, international treaties and conventions.
4. Consent to Monitor.
When running, the Game may monitor your device’s random access memory (ram) for Amoxil overdose unauthorized third party programs running concurrently with the game. an Amoxil overdose “unauthorized third party program” as used herein shall be Amoxil overdose defined as any third party software prohibited by Section 2. In the Amoxil overdose event that the game detects an unauthorized third party program, the Amoxil overdose game may (a) communicate information back to Amoxil overdose Lakoo, including without limitation your account name, details about the unauthorized third party program detected, and Amoxil overdose the time and date; and/or (b) exercise any or Amoxil overdose all of its rights under this agreement, with or without prior notice to Amoxil overdose the user.
5. Establishing an Account.
Prior to Amoxil overdose using the Service, you may be required to establish an Amoxil overdose account (a “Lakoo ID”) on Lakoo’s centralized account system. When creating these accounts, you Amoxil overdose may be required to provide Lakoo with certain personal information and Amoxil overdose financial information. You agree that you will supply accurate information to Amoxil overdose Lakoo when requested, and that you will update that information promptly after it Amoxil overdose changes.
6. Accessing the Service.
A. Account Eligibility.
You may establish an Account only if you are a “natural person” and Amoxil overdose an adult in your country of residence. Corporations, Limited Liability Companies, partnerships and Amoxil overdose other legal or business entities may not establish an Account. Individuals prohibited by Lakoo from Amoxil overdose using the Service may not create or use an Account, and Amoxil overdose doing so and may result in severe civil and criminal penalties. By accepting this Amoxil overdose Agreement, you hereby represent and warrant that you meet these eligibility requirements.
B. Establishing an Account.
When creating or Amoxil overdose updating an Account on the Service, you are required to Amoxil overdose provide Lakoo with certain personal information such as your name, address, phone number, email address and, in some cases, payment information. An unused Authentication Key provided to Amoxil overdose you by Lakoo will be required when adding a Game license to Amoxil overdose an Account. A Game license must be added to an Amoxil overdose Account before you can play that Game online, where applicable. You agree that Amoxil overdose you will supply accurate and complete information to Lakoo when Amoxil overdose requested, and that you will update that information promptly after it Amoxil overdose changes.
C. Username and Password.
During the Amoxil overdose Account creation process, you may be required to select a unique username and/or a password (collectively referred to hereunder as “Login Information”), and Amoxil overdose you may not share the Account or the Login Information with anyone other than Amoxil overdose as expressly set forth herein. You are responsible for maintaining the Amoxil overdose confidentiality of the Login Information, and you will be responsible for Amoxil overdose all uses of the Login Information, including purchases, whether or Amoxil overdose not authorized by you. In the event you become aware of or Amoxil overdose reasonably suspect any breach of security, including without limitation any loss, theft, or Amoxil overdose unauthorized disclosure of the Login Information, you must immediately notify Lakoo by emailing cs@lakoo.com.
7. Username and Password.
During the Amoxil overdose registration process, you may be required to select a unique username and Amoxil overdose a password (collectively referred to hereunder as “Login Information”). You may not share the Amoxil overdose Account or the Login Information with anyone other than as expressly set forth herein.
8. No Ownership Rights in Account.
Notwithstanding anything to Amoxil overdose the contrary herein, you acknowledge and agree that you shall have Amoxil overdose no ownership or other property interest in the account, and you Amoxil overdose further acknowledge and agree that all rights in and to the Amoxil overdose account are and shall forever be owned by and inure to Amoxil overdose the benefit of Lakoo.
9. Duration of the “On-line” Component of the Game.
This Game is an ‘on-line’ game that Amoxil overdose must be played over the Internet through the Service as provided by Lakoo. You understand and Amoxil overdose agree that the Service is provided by Lakoo at its discretion and Amoxil overdose may be terminated or otherwise discontinued by Lakoo pursuant to the Amoxil overdose Empire Online Terms of Use.
10. Account Suspension/Deletion.
Lakoo may suspend, terminate, modify, or Amoxil overdose delete accounts at any time for any reason or for no Amoxil overdose reason, with or without notice to you. For purposes of explanation and Amoxil overdose not limitation, most account suspensions, terminations and/or Amoxil overdose deletions are the result of violations of this Terms of Use.
11. Code of Conduct.
As with all things, your Amoxil overdose use of the Game and the Service is governed by certain rules. These rules (the “Code of Conduct”), maintained and Amoxil overdose enforced exclusively by Lakoo, must be adhered to by all users. It is Amoxil overdose your responsibility to know, understand and abide by this Code of Conduct. The following rules are Amoxil overdose not meant to be exhaustive, and Lakoo reserves the right to Amoxil overdose determine which conduct it considers to be outside the spirit of the Amoxil overdose Game and to take such disciplinary measures including but not limited to Amoxil overdose warning, taking over virtual items, confiscating your account balance, freezing and Amoxil overdose terminating your account, declining your future usage of the Service of Lakoo as it Amoxil overdose sees fit up to and including termination and deletion of the Amoxil overdose Account. Lakoo reserves the right to modify this Code of Conduct at any time.
A. Rules Related to Usernames and Empire Designations.
Each user will either select a Amoxil overdose character name or allow the Service to automatically select a character name at random. Additionally, users may form “Empire” and Amoxil overdose such Empire will be required to choose a name for the Amoxil overdose Empire. When you choose a character name, create a Empire, or Amoxil overdose otherwise create a label that can be seen by other players using the Amoxil overdose Game or the Service, you must abide by the following guidelines as well as the Amoxil overdose rules of common decency. If Lakoo finds such a label to Amoxil overdose be offensive or improper, it may, in its sole and absolute discretion, change the Amoxil overdose name, remove the label and corresponding chat room, and/or Amoxil overdose suspend or terminate your use of the Service. In particular, you Amoxil overdose may not use any name:
(i) Belonging to Amoxil overdose another person with the intent to impersonate that person, including without limitation a Amoxil overdose “Game Master” or any other employee or agent of Lakoo;
(ii) That incorporates vulgar language or Amoxil overdose which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or Amoxil overdose otherwise objectionable;
(iii) Subject to Amoxil overdose the rights of any other person or entity without written authorization from Amoxil overdose that person or entity;
(iv) That belongs to a popular culture figure, celebrity, or media personality;
(v) That is, contains, or Amoxil overdose is substantially similar to a trademark or service mark, whether registered or Amoxil overdose not;
(vi) Belonging to any religious figure or deity;
(vii) Taken from Lakoo’s products;
(viii) Related to drugs, sex, alcohol, or criminal activity;
(ix) Comprised of partial or complete sentence (e.g., “Onmyknee”, “Youlikefish”, etc);
(x) Comprised of gibberish (e.g., “dkfghik”, “bnvksdbh”, “nxcmvn”);
(xi) Referring to pop culture icons or personas (e.g. ” “Ladygaga”, “Brucelee”, “Ironman”)
(xii) That utilizes “Leet” or “Dudespeak” (e.g., “l33t”, “xxlovelyxx”,)
(xiii) That incorporates titles. For purposes of this subsection, “titles” shall include without limitation ‘rank’ titles (e.g. , “GeneralTom”), monarchistic or fantasy titles (e.g., “KingQin”, “LordPotter”), and religious titles (e.g., “TheBuddha,” ). You may not use a Amoxil overdose misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can Amoxil overdose you have a “first” and “last” name that, when combined, violate the above name restrictions.
B. Rules Related to “Chat” and Interaction With Other Users.
Communicating in-game with other Users and Amoxil overdose Lakoo representatives, whether by text, voice or any other method, is Amoxil overdose an integral part of the Game and the Service and is Amoxil overdose referred to here as “Chat.” When engaging in Chat, you may not:
(i) Transmit or Amoxil overdose post any content or language which, in the sole and absolute discretion of Lakoo, is Amoxil overdose deemed to be offensive, including without limitation content or language that Amoxil overdose is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or Amoxil overdose racially, ethnically or otherwise objectionable, nor may you use a misspelling or Amoxil overdose an alternative spelling to circumvent the content and language restrictions listed above;
(ii) Carry out any action with a Amoxil overdose disruptive effect, such as intentionally causing the Chat screen to Amoxil overdose scroll faster than other users are able to read, or Amoxil overdose setting up macros with large amounts of text that, when Amoxil overdose used, can have a disruptive effect on the normal flow of Chat;
(iii) Disrupt the Amoxil overdose normal flow of dialogue in Chat or otherwise act in a Amoxil overdose manner that negatively affects other users including without limitation posting commercial solicitations and/or Amoxil overdose advertisements for goods and services available outside of the Empire Online universe;
(iv) Sending repeated unsolicited or Amoxil overdose unwelcome messages to a single user or repeatedly posting similar messages in a Amoxil overdose Chat area, including without limitation continuous advertisements to sell goods or Amoxil overdose services;
(v) Communicate or post any user’s personal information in the Amoxil overdose Game, or on websites or forums related to the Game, except that Amoxil overdose a user may communicate his or her own personal information in a Amoxil overdose private message directed to a single user;
(vi) Harass, threaten, stalk, embarrass or Amoxil overdose cause distress, unwanted attention or discomfort to any user of the Amoxil overdose Game;
(vii) Participate in any action that, in the Amoxil overdose sole and absolute opinion of Lakoo, results or may result in an Amoxil overdose authorized user of the Game being “scammed” or Amoxil overdose defrauded out of virtual currency, weapons, armor, or any other items that Amoxil overdose user has earned through authorized game play in the Game; or
(viii) Impersonate any real person, including without limitation any “game master” or Amoxil overdose any other Lakoo agent or employee, nor may you communicate in the Amoxil overdose Game in any way designed to make others believe that your Amoxil overdose message constitutes a server message or was otherwise posted by any Lakoo agent or Amoxil overdose employee.
C. Rules Related to Amoxil overdose Game Play. Game play is what Empire Online is all about, and Amoxil overdose Lakoo strictly enforces the rules that govern game play. Lakoo considers most conduct to Amoxil overdose be part of the Game, and not harassment, so player-killing the Amoxil overdose enemies of your race and/or alliance, including gravestone and/or Amoxil overdose corpse camping, is considered a part of the Game. Because the Amoxil overdose Game is a “player vs. player” game, you Amoxil overdose should always remember to protect yourself in areas where the hostile players can Amoxil overdose attack you, rather than contacting Lakoo’s in-game customer service representatives for Amoxil overdose help when you have been killed by an enemy. Nonetheless, certain acts go beyond what Amoxil overdose is “fair” and Amoxil overdose are considered serious violations of these Terms of Use. Those acts include, but are Amoxil overdose not necessarily limited to, the following
(i) Using or Amoxil overdose exploiting errors in design, features which have not been documented, and/or “program bugs” to Amoxil overdose gain access that is otherwise not available, or to obtain a Amoxil overdose competitive advantage over other players;
(ii) Conduct prohibited by the Terms of Use; and
(iii) Anything that Lakoo considers contrary to the “essence” of the Game.
12. Security of Login Information.
You are Amoxil overdose responsible for maintaining the confidentiality of the Login Information, and you Amoxil overdose will be responsible for all uses of the Login Information, whether or Amoxil overdose not authorized by you. In the event that you become aware of or Amoxil overdose reasonably suspect any breach of security, including without limitation any loss, theft, or Amoxil overdose unauthorized disclosure of the Login Information, you must immediately notify Lakoo by emailing cs@lakoo.com.
13. Ownership/Selling of the Account or Virtual Items.
Lakoo does not recognize the transfer of Lakoo IDs (an “Account”). You may not purchase, sell, gift or Amoxil overdose trade any Account, or offer to purchase, sell, gift or trade any Account, and Amoxil overdose any such attempt shall be null and void. Lakoo owns, has Amoxil overdose licensed, or otherwise has rights to all of the content that Amoxil overdose appears in the Game. You agree that you have no right or Amoxil overdose title in or to any such content, including without limitation the Amoxil overdose virtual goods or currency appearing or originating in the Game, or Amoxil overdose any other attributes associated with the Account or stored on the Amoxil overdose Service. Lakoo does not recognize any purported transfers of virtual property executed outside of the Amoxil overdose Game, or the purported sale, gift or trade in the “real world” of anything that Amoxil overdose appears or originates in the Game. Accordingly, you may not sell in-game items or Amoxil overdose currency for “real” money, or Amoxil overdose exchange those items or currency for value outside of the Game.
14. Changes to the Terms of Use Agreement or the Game.
Lakoo reserves the Amoxil overdose right, at its sole and absolute discretion, to change, modify, add to, supplement or Amoxil overdose delete any of the terms and conditions of this Agreement at any time, including without limitation access policies, the Amoxil overdose availability of any feature of the Game or the Service, hours of availability, content, data, software or Amoxil overdose equipment needed to access the Game or the Service, effective with or Amoxil overdose without prior notice; provided, however, that material changes (as determined in Lakoo’s sole and absolute discretion) will be Amoxil overdose disclosed as follows: Lakoo will provide you with notification of any such changes through a Amoxil overdose patch process, or by email, postal mail, website posting, pop-up screen, or Amoxil overdose in-game notice. If any future changes to this Agreement are unacceptable to Amoxil overdose you or cause you to no longer be in compliance with this Amoxil overdose Agreement, you must terminate, and immediately stop using, the Game and Amoxil overdose the Account. Your continued use of the Game following any revision to Amoxil overdose this Agreement constitutes your complete and irrevocable acceptance of any and Amoxil overdose all such changes. Lakoo may change, modify, suspend, or discontinue any aspect of the Amoxil overdose Game at any time. Lakoo may also impose limits on certain features or Amoxil overdose restrict your access to parts or all of the Game without notice or Amoxil overdose liability.
15. Patches and Updates.
Lakoo may deploy or Amoxil overdose provide patches, updates and modifications to the Game that must be Amoxil overdose installed for the user to continue to play the Game. You may need to Amoxil overdose update the Game voluntarily on your Device upon notified by Lakoo. Once updated, Lakoo shall not be Amoxil overdose responsible for any loss in the game resulted from your negligence in installing Lakoo’s update. You hereby grant to Amoxil overdose Lakoo your consent to deploy and apply such patches, updates and Amoxil overdose modifications.
16. Termination.
This Agreement is effective until terminated.
You may terminate the License Agreement at any time by (i) permanently destroying all copies of the Amoxil overdose Game in your possession or control; (ii) removing the Game Client from your device; and (iii) notifying Lakoo of your Amoxil overdose intention to terminate this License Agreement. Lakoo may terminate this Agreement at any time for Amoxil overdose any reason or no reason. Upon termination for any reason, all licenses granted herein shall immediately terminate and Amoxil overdose you must immediately and permanently destroy all copies of the Game in your Amoxil overdose possession and control and remove the Game Client from your device. In the Amoxil overdose event that you terminate or breach this Agreement, you will forfeit your Amoxil overdose right to any and all payments you may have made for Amoxil overdose pre-purchased virtual currency in Empire Online. You agree and acknowledge that Amoxil overdose you are not entitled to any refund for any amounts which were pre-paid on behalf of the Amoxil overdose Account prior to any termination of this Agreement. Lakoo may terminate this Amoxil overdose Agreement with or without notice by terminating the Account as set forth in Section 10. The provisions of Sections 3,6, 8,13, 17-24 shall survive any termination of this Agreement.
17. Warranty Disclaimer.
The game and the service are provided “as is” and Amoxil overdose lakoo does not warrant that the game or the service will be Amoxil overdose uninterrupted or error-free, that defects will be corrected, or that Amoxil overdose the game or the service are free of viruses or Amoxil overdose other harmful components. Lakoo expressly disclaims all warranties, express or Amoxil overdose implied, including without limitation the warranties of merchantability or fitness for Amoxil overdose any particular purpose or use, and non-infringement.
The game (inluding without limitation the game client and manual(s)) is provided “as is” without warranty of any kind, either express or Amoxil overdose implied, including without limitation any implied warranties of condition, uninterrupted use, merchantability, fitness for Amoxil overdose a particular purpose, or non-infringement. The entire risk arising out of use or Amoxil overdose performance of the Game (including without limitation the Game Client and manual(s)) remains with the user.
18. Limitation of Liability.
Neither Lakoo nor its parent, subsidiaries, licensors or Amoxil overdose affiliates shall be liable in any way for damage or loss of any kind resulting from Amoxil overdose (a) the Amoxil overdose use of or inability to use the game or service including without limitation loss of goodwill, work stoppage, device failure or Amoxil overdose malfunction; (b) the Amoxil overdose loss or damage to characters, accounts, statistics, inventories or user profile information; or Amoxil overdose (c) interruptions of service including without limitation isp disruptions, software or Amoxil overdose hardware failures or any other event which may result in a Amoxil overdose loss of data or disruption of service. In no event will Lakoo be Amoxil overdose liable to you or anyone else for any indirect, incidental, special, exemplary or Amoxil overdose consequential damages. In no event shall Lakoo’s liability, whether arising in contract, tort, strict liability or Amoxil overdose otherwise, exceed (in the aggregate) the total fees paid by you to Lakoo during the six (6) months immediately prior to Amoxil overdose the time such claim arose. You hereby agree to defend, indemnify and Amoxil overdose hold Lakoo harmless from and against any claim, liability, loss, injury, damage, cost or Amoxil overdose expense (including reasonable attorneys’ fees) incurred by Lakoo arising out of or from your use of the Game.
19. Indemnification.
You hereby agree to Amoxil overdose defend, indemnify and hold harmless Lakoo, its parent, subsidiaries and affiliates, from Amoxil overdose and against any claim, liability, injury, damage, loss or expense (including reasonable attorneys’ fees) incurred as a Amoxil overdose result of, arising from, or relating to your use of the Amoxil overdose game and/or the Service.
20. Force Majeure.
Lakoo shall not be Amoxil overdose liable for any delay or failure to perform resulting from causes outside the Amoxil overdose reasonable control of Lakoo, including without limitation any failure to perform hereunder due to Amoxil overdose unforeseen circumstances or cause beyond Lakoo’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or Amoxil overdose military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or Amoxil overdose materials.
21. Acknowledgments.
You hereby acknowledge and agree that:
A. When running, the Amoxil overdose Game may monitor your device for unauthorized third party programs running concurrently with Empire Online. An “unauthorized third party program” as used herein shall be Amoxil overdose defined as any third party software that, when used simultaneously or Amoxil overdose in connection with the game, would constitute a violation of Sections 1, 2 14, or Amoxil overdose 24. In the event that the game detects an unauthorized third party program, Lakoo may (a) communicate information back to Amoxil overdose Lakoo, including without limitation the account name, details about the unauthorized third party program detected, and Amoxil overdose the time and date the unauthorized third party program was detected; and/or (b) exercise any or Amoxil overdose all of its rights under this Agreement, with or without prior notice to Amoxil overdose the user.
B. When the Amoxil overdose game is running, Lakoo may obtain certain identification information about your Amoxil overdose device and its operating system, including without limitation your hard drives, central processing unit, ip address(es) and operating system(s), for purposes of improving the Game and/or Amoxil overdose the Service, and to police and enforce the provisions of this Amoxil overdose Agreement.
C. Lakoo may, with or Amoxil overdose without notice to you, disclose your Internet Protocol (IP) address(es), personal information, Chat logs, and Amoxil overdose other information about you and your activities: (a) in response to Amoxil overdose a request by law enforcement, a court order or other legal process; or Amoxil overdose (b) if Lakoo believes that Amoxil overdose doing so may protect your safety or the safety of others.
D. Lakoo may monitor, record, review, modify and/or Amoxil overdose disclose your chat sessions, whether voice or text, without notice to Amoxil overdose you, and you hereby consent to such monitoring, recording, review, modification and/or Amoxil overdose disclosure. Additionally, you acknowledge that Lakoo is under no obligation to Amoxil overdose monitor Chat, and you engage in Chat at your own risk.
E. You are Amoxil overdose wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or Amoxil overdose correction incurred in maintaining connectivity to the Servers.
F. You hereby grant Lakoo a Amoxil overdose perpetual, irrevocable, worldwide, paid-up, non-exclusive, license, including the right to sublicense to Amoxil overdose third parties, and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or Amoxil overdose provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and Amoxil overdose use and practice such User Content (“User Content” means any communications, images, sounds, and Amoxil overdose all the material and information that you upload or transmit through a Amoxil overdose Game client or the Service, or that other users upload or Amoxil overdose transmit, including without limitation any chat text.) as well as all modified and Amoxil overdose derivative works thereof. To the extent permitted by applicable laws, you Amoxil overdose hereby waive any moral rights you may have in any User Content.
G. Lakoo do not, and Amoxil overdose cannot, pre-screen or monitor all User Content. However, our representatives may monitor and/or record your communications (including without limitation chat text) when Amoxil overdose you are using the Service or playing a Game, and you Amoxil overdose hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and Amoxil overdose agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or Amoxil overdose voice communications. Lakoo do not assume any responsibility or liability for Amoxil overdose User Content that is generated by users. Lakoo have the right, but not the Amoxil overdose obligation, in our sole discretion to edit, refuse to post, or Amoxil overdose remove any User Content. Lakoo also reserve the right, at all times and Amoxil overdose in our sole discretion, to disclose any user content and other information (including without limitation chat text, voice communications, ip addresses, and Amoxil overdose your personal information) for any reason, including without limitation (a) to Amoxil overdose satisfy any applicable law, regulation, legal process or governmental request; (b) to Amoxil overdose enforce the terms of this or any other agreement or Amoxil overdose Lakoo policy; (c) to protect our legal rights and remedies; (d) where Lakoo feel someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.
H. Transactions in game by virtual currencies are final.
22. Equitable Remedies.
In the Amoxil overdose event that you breach this Agreement, you hereby agree that Lakoo would be Amoxil overdose irreparably damaged if this Agreement were not specifically enforced, and therefore you Amoxil overdose agree that Lakoo shall be entitled, without bond, other security, or Amoxil overdose proof of damages, to appropriate equitable remedies with respect to breaches of this Amoxil overdose Agreement, in addition to such other remedies as Lakoo may otherwise have Amoxil overdose available to it under applicable laws. In the event any litigation is Amoxil overdose brought by either party in connection with this Agreement and consistent with Section 24, the Amoxil overdose prevailing party in such litigation shall be entitled to recover from Amoxil overdose the other party all the costs, attorneys’ fees and Amoxil overdose other expenses incurred by such prevailing party in the litigation.
23. Changes to the Agreement.
Lakoo may replace this Agreement with new versions (each a “New Agreement”) over time as the Amoxil overdose Game and the law evolve. This Agreement will terminate immediately upon the Amoxil overdose introduction of a New Agreement, and you will be given an Amoxil overdose opportunity to review and accept the New Agreement. If you accept the Amoxil overdose New Agreement, and if the Account registered to you remains in good standing, you Amoxil overdose will be able to continue playing the Game subject to the Amoxil overdose terms of the New Agreement. If you decline to accept the Amoxil overdose New Agreement, or if you cannot comply with the terms of the Amoxil overdose New Agreement for any reason, you will no longer be permitted to Amoxil overdose play the Game. New Agreements will not be applied retroactively. Lakoo may change, modify, suspend, or Amoxil overdose discontinue any aspect of the Game at any time. Lakoo may also impose limits on certain features or Amoxil overdose restrict your access to parts or all of the Game without notice or Amoxil overdose liability.
24. Dispute Resolution and Governing Law.
A. Informal Negotiations. To expedite resolution and Amoxil overdose control the cost of any dispute, controversy or claim related to Amoxil overdose this Agreement (“Dispute”), you Amoxil overdose and Lakoo agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or Amoxil overdose court proceeding. Such informal negotiations commence upon written notice from one person to Amoxil overdose the other. Lakoo will send its notice to your billing address and Amoxil overdose email you a copy to the email address you have provided to Amoxil overdose us. You will send your notice to Lakoo, Workshop 2B on 3/F, Wah Yiu Industrial Centre, 30-32 Au Pui Wan Street, Shatin, Hong Kong .
B. Binding Arbitration. If you Amoxil overdose and Lakoo are unable to resolve a Dispute through informal negotiations, either you Amoxil overdose or Lakoo may elect to have the Dispute (except those Disputes expressly excluded below) finally and Amoxil overdose exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be Amoxil overdose final and binding on the other. Any dispute, difference or Amoxil overdose claim arising out of or in connection with this contract, shall be Amoxil overdose referred to and determined by arbitration in Hong Kong using the Amoxil overdose law of the Hong Kong Special Administrative Region as the Amoxil overdose governing law. The Domestic Arbitration Rules of Hong Kong permanent arbitral bodies shall apply to Amoxil overdose the arbitration proceedings. The place of arbitration shall be in Hong Kong. There shall be Amoxil overdose only one arbitrator. The language of the arbitration shall be Amoxil overdose English., The arbitration may be conducted in person, through the Amoxil overdose submission of documents, by phone or online. The arbitrator will make a Amoxil overdose decision in writing, but need not provide a statement of reasons unless requested by a Amoxil overdose party. The arbitrator must follow applicable law, and any award may be Amoxil overdose challenged if the arbitrator fails to do so. Except as otherwise provided in this Amoxil overdose Agreement, you and Lakoo may litigate in court to compel arbitration, stay proceeding pending arbitration, or Amoxil overdose to confirm, modify, vacate or enter judgment on the award entered by the Amoxil overdose arbitrator.
C. Restrictions. You and Amoxil overdose Lakoo agree that any arbitration shall be limited to the Amoxil overdose Dispute between Lakoo and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is Amoxil overdose no right or authority for any Dispute to be arbitrated on a Amoxil overdose class-action basis or to utilize class action procedures; and (3) there is Amoxil overdose no right or authority for any Dispute to be brought in a Amoxil overdose purported representative capacity on behalf of the general public or Amoxil overdose any other persons.
D. Exceptions to Amoxil overdose Informal Negotiations and Arbitration. You and Lakoo agree that the Amoxil overdose following Disputes are not subject to the above provisions concerning informal negotiations and Amoxil overdose binding arbitration: (1) any Disputes seeking to Amoxil overdose enforce or protect, or concerning the validity of, any of your Amoxil overdose or Lakoo’s intellectual property rights; (2) any Dispute related to, or Amoxil overdose arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and Amoxil overdose (3) any claim for injunctive relief.
E. Governing Law. Except as expressly provided otherwise, this Amoxil overdose Agreement shall be governed by, and will be construed under, the Amoxil overdose Laws of the Hong Kong, without regard to choice of law principles. The application of the Amoxil overdose United Nations Convention on Contracts for the International Sale of Goods is Amoxil overdose expressly excluded.
F. Severability. You and Amoxil overdose Lakoo agree that if any portion Section 24 is found illegal or Amoxil overdose unenforceable (except any portion of 24(d)), that Amoxil overdose portion shall be severed and the remainder of the Section shall be Amoxil overdose given full force and effect. If Section 24(d) is Amoxil overdose found to be illegal or unenforceable then neither you nor Lakoo will elect to Amoxil overdose arbitrate any Dispute falling within that portion of Section 24(d) found to Amoxil overdose be illegal or unenforceable and such Dispute shall be decided by a Amoxil overdose court of competent jurisdiction within Hong Kong, and you and Lakoo agree to Amoxil overdose submit to the personal jurisdiction of that court.
25. Miscellaneous.
If any provision of this Amoxil overdose Agreement shall be unlawful, void, or for any reason unenforceable, then Amoxil overdose that provision shall be deemed severable from this Agreement and Amoxil overdose shall not affect the validity and enforceability of any remaining provisions. This Terms of Use Agreement is Amoxil overdose the complete and exclusive statement of the agreement between you Amoxil overdose and Lakoo concerning the Service, and this Agreement supersedes any prior or Amoxil overdose contemporaneous agreement, either oral or written, and any other communications with regard thereto between you Amoxil overdose and Lakoo. This Agreement may only be modified as set forth herein. The section headings used herein are Amoxil overdose for reference only and shall not be read to have Amoxil overdose any legal effect.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE GAME AND THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.
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