Galaxy Legion - Terms of Service.
PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS GAME OR RELATED SERVICES. Eris Media, LLC. ("Company," "we," "us") provides the Galaxy Legion Game and all Game-related services (collectively, the "Game") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This Agreement governs the relationship between Company and you, the Game player and/or member ("you") with respect to your use of the Game. It is important that you read carefully and understand the terms and conditions of this Agreement. By using the Game, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, you may not use the Game. Please also read the Company Privacy Policy.
We reserve the right at any time to:
Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Game, forums, or electronic mail. Your continued use of the Game following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
1. Eligibility
You represent that you are accessing the Game as an individual for entertainment purposes only. Some areas of the Game may request that you register personally identifiable information with us (e.g., your email address). If you provide such information, you represent that such information is accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Game. We also reserve the right to terminate this Agreement and your use of the Game if we determine, in our sole discretion, that your activity in the Game impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, may cause confusion, or is vulgar or otherwise offensive.
2. Materials.
The Game is intended solely for entertainment and not for commercial use. The information and materials provided or made available through the Game (collectively, the “Materials”) are intended to enable and enhance your experience in playing the Game. The Materials are and remain our property. You may not download, copy or use any of the Materials except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Materials. You must retain all copyright, trademarks, and other proprietary notices on copied Materials, and any such copies are subject to the terms and conditions of this Agreement. By using the Materials, you agree to such terms and conditions.
You may purchase virtual currency called Galaxy Points (“GPs”) online through the Game for use solely within the Game. You may exchange GPs for virtual goods, virtual currency, or services in the Game. YOU ACKNOWLEDGE THAT VIRTUAL GOODS AND VIRTUAL CURRENCY HAVE NO VALUE OUTSIDE THE GAME. YOU MAY NOT SELL, TRADE, OR OTHERWISE EXCHANGE VIRTUAL GOODS OR VIRTUAL CURRENCY FOR “REAL” MONEY OR ITEMS OF VALUE OUTSIDE THE GAME. We will store your GPs and other virtual goods and currency in connection with your account, and such virtual goods and currency will be treated as Materials subject to this Agreement. Price and availability of all virtual goods virtual currency, GPs, or service are subject to change without notice.
You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in our sole and absolute discretion, or if we discontinue providing the Service.
3. Code of Conduct.
While using the Game or Materials, you agree not to:
While using the Game or Materials, you agree to comply with all applicable laws, rules and regulations.
4. Forums.
Our Forums are designed to facilitate communication between Game players and enhance your experience with the Game. Information on our Forums may be provided by our staff and other people connected with Company, but the majority is provided by other users of the Game, some of whom use anonymous screen names and are people not otherwise connected with Company. You acknowledge that people participating in the Forums may post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Game or Forums by third parties. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Company. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Game or Forums.
We have no obligation to monitor the Game or the Forums, or any Submissions or other materials that you or other third parties transmit or post on the Game or the Forums. You acknowledge and agree that we have the right (but not the obligation) to monitor the Game and the Forums and the materials you transmit or post; to alter or remove any such materials (including without limitation any posting to a Forum); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Game or provide Game-related services properly; to protect ourselves and our affiliates, suppliers, agents and users; and to comply with legal obligations or governmental requests.
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submissions"), or by posting such Submissions to any area of the Game or forums, you grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.
5. Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Company infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Game are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Company to locate the material on the Game; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by Company against you, the DMCA permits you to send Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Game should be sent to support@galaxylegion.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
6. Ownership and Restrictions on Use.
The Game is owned and operated by Company in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of Company and its licensors and suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Game in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of the Game, as provided in this Agreement or as expressly authorized in writing by Company or, if so indicated in writing by Company, its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Game or the Materials.
The trademarks, logos, and service marks displayed on the Game such as Common Application and Common App Online among others (collectively the "Trademarks" ) are the registered and unregistered trademarks of Company, Company's licensors and suppliers, or others. The Trademarks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not Company's, in any manner that is likely to cause confusion with customers, or in any manner that disparages Company. Nothing contained on the Game should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Company, Company's licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Company will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
7. Jurisdictional Issues.
The Game is directed to individuals residing in the United States. We make no representation that Materials available on or through the Game are appropriate or available for use in other locations. Those who choose to access the Game from other locations do so on their own initiative and at their own risk, and are responsible for compliance with applicable local laws. We reserve the right to limit the availability of the Game and/or the provision of any service or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service or other product that we provide.
8. Termination.
This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Game or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Game shall immediately cease, and you shall destroy all Materials obtained from the Game and all copies thereof, whether made under the terms of this Agreement or otherwise.
9. Disclaimers.
THE GAME, THE MATERIALS ON THE GAME, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE GAME AND ANY SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE GAME OR ANY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME, THE SERVER(S) ON WHICH THE GAME IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE GAME, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE GAME AND ANY SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE GAME, IN THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE GAME AND ANY MATERIALS PROVIDED THROUGH THE GAME ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Game or Materials could include inaccuracies or errors, or information or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Game or Materials. Although we attempt to ensure the integrity of the Game, we make no guarantees as to the Game's completeness or correctness. In the event that a situation arises in which the Game's completeness or correctness is in question, please contact us at support@galaxylegion.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Game, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement," above.
10. Limitation of Liability.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, UNDER ANY THEORY (INCLUDING WITHOUT LIMITATION IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US, IF ANY, DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnification. You agree to indemnify, defend and hold Company and our directors, officers, employees, consultants, suppliers, agents and other representatives, harmless from and against any claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the “Code of Conduct; Limitations on Use” above; (b) any allegation that any Submissions or other materials you submit or transmit to us or in the Game infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Game.
11. Questions.
The Game is provided by Eris Media, LLC. through it service provider. If you have any questions, comments or complaints regarding this Agreement or the Game, feel free to contact us at support@galaxylegion.com
12. Miscellaneous.
This Agreement is governed by and construed in accordance with the laws of the State of Washington, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of King, Washington, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with Company's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.