END USER LICENSE AGREEMENT
We thank you for your interest in .PlayerNet Games (“PlayerNet” or “we”) .PlayerNet Web platform (the “.PlayerNet Web”), .PlayerNet App (the “.PlayerNet App”) and .PlayerNet Games (the “Games”). This End User License Agreement sets forth the terms and conditions under which you are licensed to download, install, use and view the .PlayerNet App (“.PlayerNet App”) to obtain access to .PlayerNet, and download, use and view the Games on .PlayerNet.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO DOWNLOAD, INSTALL, USE, COPY, UPLOAD AND VIEW THE .PLAYERNET APP OR ANY OF .PLAYERNET GAMES.
1. THE .PLAYERNET WEB PLATFORM.
A. Use of the .PlayerNet Account.
To use .PlayerNet, you must register, or have previously occupied, an account on .PlayerNet (an “Account”). Creation and use of Accounts are subject to the following terms and conditions:
i. You may establish an Account only if (i). you are a “natural person” and an adult in your country of residence (if you are not an adult in your country of residence, you are obligated to gain permission from your legal registered parents or responsible to establish and hold an account on .PlayerNet Games. Corporations, Limited Liability, Companies, partnerships and other legal business entities may not establish an Account); and (ii) if your Account or Accounts has not been specifically terminated by first registration or afterwards termination by PlayerNet from using .PlayerNet Games.
iii. To play the Games on PlayerNet, You will be required to select a unique username and password (collectively referred to hereunder as “Login Information”). Due to safety reasons you may not use your real name as the password for the Account, and you cannot share the Account or the Login Information with anyone, unless the terms of this Agreement allow it.
iv. You will be required to maintain the confidentiality of the Login Information, as you are responsible for all uses of the Login Information and the Account, including purchases, whether or not authorized by you. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately contact .PlayerNet Support.
v. Subject to the laws of your country of residence, minor children may utilize an Account established by their parent(s) or legal guardian(s). In the event that you permit your minor child or legal ward (collectively, your “Child”) to use an Account on .PlayerNet, you hereby agree to this Agreement on behalf of yourself and your Child, and you as parent(s) understand(s) and agree that you will be responsible for all uses of the Account by your Child whether or not such uses were authorized by you.
vii. PlayerNet shall have the right to monitor and/or record your communications when you use .PlayerNet Web platform, App and its Games, and you acknowledge and agree that when you use .PlayerNet, that you have no expectation that your communications will be private against PlayerNet. PlayerNet shall have the right to disclose your communications for any reason, including : (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other PlayerNet policy; (c) to protect PlayerNet legal rights and remedies; (d) to protect the health or safety of anyone that PlayerNet believes may be threatened; or (e) to report a crime or other offensive behaviour.
B. Grant of .PlayerNet License.
If you accept and comply with the terms of this Agreement, PlayerNet will grant, and you will receive, a non-sub licensable, and non-exclusive license to use .PlayerNet Web platform, App or Games subject to the “License Limitations,” set forth in Section C below, as follows:
i. You are allowed to install the .PlayerNet App on one or more computers under your legitimate control to access and use .PlayerNet App.
ii. You are allowed to use .PlayerNet for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.
iii. You may make and distribute (“share”) copies of the .PlayerNet App free of charge for other potential users’ provided they agree to the terms of this Agreement.
iv. You may not transfer your rights and obligations to use .PlayerNet Web platform, App or Games.
C. License Limitations.
PlayerNet may revoke your license to use .PlayerNet Web platform and/or the Games if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
i. Derivative Works: Copy or reproduce (except as provided in Section 1(B)), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the .PlayerNet Web platform, App or Games without verification of permission of PlayerNet.
ii. Cheating & Exploit: Create, use, offer, advertise, make available and/or distribute the following or assist therein:
1. Cheats; i.e. methods, not expressly authorized by PlayerNet, influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;
2. Bots; i.e. any code and/or software, micro macro, third party software to alternate game functions which thereby granting you and/or any other user an advantage over other players not using such methods, not expressly authorized by PlayerNet, that allows the automated control of a Game, to avoid direct control of PlayerNet Platforms and Games without physical user input, .PlayerNet App and/or any component or feature thereof, e.g. the automated control of a character in a Game;
3. Hacks; i.e. accessing or modifying the software of a Game or .PlayerNet in an manner, not expressly authorized by PlayerNet; and/or
4. any code and/or software, not expressly authorized by PlayerNet, that can be used in connection with the .PlayerNet Games clients, .PlayerNet Web platform, a Game and/or any component or feature thereof which changes and/or facilitates the gameplay;
iii. Prohibited Commercial Uses: Exploit, in their entirety or individual components, the .PlayerNet App, .PlayerNet Web platform or the Game(s) for any purpose not expressly authorized by PlayerNet, including, without limitation (i) playing the Game(s) at commercial establishments (subject to Section 1(B)(vi)(3)); (ii) gathering in-game currency, items, or resources for sale outside of PlayerNet Web platform, App or the Game(s); (iii) performing in-game services, like power-levelling, in exchange for payment outside of PlayerNet Web platform, App or the Game(s); or (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within .PlayerNet Web platform, App or the Game(s).
iv. Data Mining: Use third-party software that intercepts, collects, reads, or "mines" information generated or stored by the .PlayerNet Web platform, App or the Game(s); provided, however, that PlayerNet may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
v. Duplicated Items: Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in .PlayerNet;
vi. Matchmaking: Host, provide or develop matchmaking services for the Game(s), or intercept, emulate or redirect the communication protocols used by PlayerNet in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by PlayerNet), or as part of content aggregation networks;
vii. Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to .PlayerNet Web platform, App or the Game(s) including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, .PlayerNet Web platform, App or the Game(s); and (ii) any connection using third-party programs or tools not expressly authorized by PlayerNet;
viii. Transfers: Attempt to sell, sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Game(s) or your rights to the Game(s) to any other party in any way not expressly authorized herein;
ix. Disruption: Disrupt or assist in the disruption of (i) any computer used to support .PlayerNet Web platform, App or any Game environment; or (ii) any other player’s Game experience. ANY ATTEMPT BY YOU TO DISRUPT .PLAYERNET WEB PLATFORM, APP OR ANY GAMES OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
x. Violation of Laws: Use a Game, App or .PlayerNet Web platform, to violate any applicable law or regulation.
xi. Using a VPN, Proxy and other related method is interfering with the Online Data Connection and will be regarded as disruption of .PlayerNet Games systems. Therefore you are not allowed to use them for all our services as following or assist therein;
1. Disguise your IP address, user identity and place of residence,
2. Disguise your identity to perform any other violations against .PlayerNet Games legal documents,
3. Whether to circumvent geographical restrictions on game content,
4. To purchase at pricing not applicable to your geography, or for any other purpose.
If you do this, .PlayerNet Games may terminate your Account.
D. Games and .PlayerNet Features.
i. PlayerNet Features:
1. .PlayerNet Credits:
a. As an active Account holder, you may participate in PlayerNet’s .PlayerNet Credits service (“.PlayerNet Credits, PNC”). .PlayerNet Credits can only be used to obtain certain products and services offered by .PlayerNet Web; it has no cash value. PlayerNet grants you a limited license to acquire, use, and redeem .PlayerNet Credits pursuant to the terms of this Agreement. Regardless of how it is acquired, .PlayerNet Credits are non transferable to another person or Account, does not accrue interest, is not insured by any digital and online valute insurance services, and, unless otherwise required by law or permitted by this Agreement, is not redeemable or refundable for any sum of money or monetary value from PlayerNet at any time. .PlayerNet Credits does not constitute a personal property right. .PlayerNet Credits is not a bank account. And, while you can register and play on multiple Accounts, you are not allowed to have more than three (3) Accounts with .PlayerNet Credits.
b. To purchase .PlayerNet Credits, go to https://playernetgames.net/purchase-credits and follow the instructions provided to you on that page. You may choose to purchase .PlayerNet Credits in different currencies (e.g., Euros, US Dollars, Australian Dollars, and many more) in order to redeem your .PlayerNet Credits for certain products and/or services offered on .PlayerNet Games. You may purchase .PlayerNet Credits through PayPal, paysafecard and Paymentwall payment services. Your purchased .PlayerNet Credits are available within a few seconds up to one hour after your payment has been completed. Although it may take up to three (3) (business) days before purchases of .PlayerNet Credits are made available for your use in case Paymentwall requires you to identify your personal information, in order to process your payment safely without any fraud risks for all parties. PlayerNet reserves the right to change the maximum and minimum amounts applicable to .PlayerNet Credits at any time by notifying you. Purchases of .PlayerNet Credits are non-refundable, unless otherwise required by law. To purchase, use or redeem .PlayerNet credits, you are required to register, hold and activate a .PlayerNet Account.
c. PlayerNet will not send or share you a statement of itemized transactions for your .PlayerNet Credits. In order to check the balance of your .PlayerNet Credits or review your recent .PlayerNet Credits transactions, go to https://playernetgames.net/order-history. You are solely responsible for verifying that the proper amount of .PlayerNet Credits has been added to or deducted from your .PlayerNet Credits.
d. PlayerNet reserves the right to reduce, remove, reset, liquidate, deactivate, suspend or terminate your .PlayerNet Credits, or .PlayerNet Games and .PlayerNet Web platform if PlayerNet determines in its sole discretion, after investigation, that you have misused .PlayerNet Credits or have otherwise used .PlayerNet Credits to conduct any fraudulent or illegal activity.
e. You are responsible for all uses of your .PlayerNet Credits. If you suspect that your .PlayerNet Credits has been compromised, you should contact .PlayerNet Support at https://playernetgames.net/support so that the matter can be investigated. PlayerNet, in its sole discretion, may require additional information and/or documentation to verify your claim, and once PlayerNet has the information that PlayerNet deems necessary to verify your claim, PlayerNet will take actions to freeze your .PlayerNet Account and its Games until PlayerNet has returned control of your .PlayerNet Account to you. Regardless of any actions PlayerNet may take on your behalf, you acknowledge and agree that PlayerNet has sole and absolute discretion in determining whether or not your claim is valid and, if so, the appropriate remedy.
ii. Game Features:
1. Beta Testing Pre-Release of Games: Certain pre-release versions of .PlayerNet games may be available to you through .PlayerNet for testing (“Beta Phase”). Beta Testing through .PlayerNet will be governed by the following:
2. Eligibility: In order to participate in a Beta Test, you must meet the following requirements:
a. PlayerNet must designate you as a Beta tester;
b. The .PlayerNet Account that you will use to participate in the Beta Test must be in good status;
c. You must be an adult in your country of residence;
d. You agree to allow PlayerNet to obtain hardware and software information from the computer system that you will use to take part in the Beta Test Phase (the “System”) prior to registration for the Beta Test in order for PlayerNet to determine if you are eligible to participate in the Beta Test phase of the Game; and
e. The System must meet the specifications which PlayerNet determines are required for the Beta Test.
3. Confidentiality: If PlayerNet announces that a Beta Test is confidential, the Beta Test invitation you will receive will include a notice that states that the Beta Test is confidential. During a confidential Beta Test, the existence of the Beta Test and all elements thereof is to be kept confidential, and you agree to keep everything related to the Beta Test secret from everyone who is not participating in the Beta Test until PlayerNet informs you that the Beta Test is no longer confidential. For purposes of example and not limitation, you agree that you will not disclose the following during a confidential Beta Test:
a. Information about the Beta Test, such as your role as a Beta Tester, the length of the Beta Test, the number of Beta Testers, how you became a Beta Tester, etc.
b. Information related to the Game that you are Beta Testing, such as the Game’s look and feel, playable races, classes, combat, magic, communication, grouping, questing, monetary systems, non-player character interaction, items, armour, weapons, stability of the Game, etc.
4. Beta Testing Real Money Features: Certain Games may have features that will allow you to purchase digital valuta to use digital items or services through the Game’s interface. If you purchase digital valuta to use a digital item or service through the Game’s interface during a Beta Test, all purchases will not be compensated by PlayerNet. PlayerNet will not provide you with a refund for your purchase of a digital item or service, and in some cases, items or services purchased during a Beta Test may not transition to the retail release version of a Game. In those cases, PlayerNet will provide you with information that explains what, if any, credit you would receive for your purchase of digital goods or services for real money during a Beta Test once after the Beta Test for that Game has concluded.
5. Feedback: During and after the Beta Test, you may be provided with an opportunity to give PlayerNet your comments, suggestions and impressions of the Game by using tools to supply feedback and bug reports, internal websites and forums, and other methods. The Game may also include a tool that will allow your computer system to forward system and driver information to PlayerNet in the event of a crash. This tool will collect data from your computer system related to the crash, and allow you to forward a report to PlayerNet via electronic mail and Beta Test Feedback section at .PlayerNet Support.
6. Acknowledgements: You acknowledge that:
a. the Game being Beta Tested is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system;
b. you have, or will, backup your hard drive prior to installation of the Beta;
c. you have the resources necessary to easily reinstall your operating system and restore any and all data that may be lost;
d. PlayerNet is not liable in any way for the loss of data or damage to the System, interruptions due to a lost connection to .PlayerNet, software or hardware failures, or loss of data or disruption of the player's ability to connect to .PlayerNet;
e. PlayerNet may monitor and record any and all communications, electronic or otherwise, pertaining to the Beta including, without limitation, packets, chat, email, message board postings, etc.;
f. PlayerNet may delete or modify the information stored by .PlayerNet or the Game being Beta Tested for any reason at any time during the duration of the Beta Test;
g. PlayerNet may transfer software program files to the System, including a program that will collect and send PlayerNet CPU, RAM, operating system, video card, and soundcard information from the System; and
h. You may not sell, transfer or commercially exploit access to a Beta, including the distribution of Beta keys without PlayerNet’s express authorization.
7. Termination: PlayerNet can terminate a Beta Test at any time. When PlayerNet terminates a Beta Test, you must delete the Beta and all documents and materials you received from PlayerNet in connection with the Beta Test, and you may be asked by PlayerNet to remove any elements of the Beta from any hard drives on which the Beta has been installed. You agree and acknowledge that PlayerNet’s termination of the Beta Test shall not be grounds for any refunds of any kind, including, but not limited to, digital items, etc.
8. Sections of the Agreement Applicable to Beta Tests:When participating in a Beta Test, the terms of this Section 1(D)(ii)(4) shall supersede and govern over any other Section of this Agreement which may be in conflict with the terms of this Section 1(D)(ii)(4). Additionally, Section 1(B)(v), and 1(B)(vi)(3) of the Agreement are specifically excluded from the use of a Beta.
iii. GAME CLIENT DOWNLOAD AND INSTALLATION BY .PLAYERNET APP.
1. .PlayerNet may contain additional software that requires you to agree to additional terms prior to your use ("Additional Software").
a. Downloads: You agree that PlayerNet may place data files on your hard drive during all download processes of .PlayerNet App during the terms of this Agreement.
b. Installation: You agree that PlayerNet may place data files on your hard drive as part of the .PlayerNet App and .PlayerNet Games installation during the terms of this Agreement.
c. Updates: You agree that PlayerNet may place data files on your hard drive as part of the .PlayerNet App and .PlayerNet Games as from time to time updates during the terms of this Agreement.
E. PLAYERNET’S OWNERSHIP.
i. PlayerNet is the owner or licensee of all right, title, and interest in and to the .PlayerNet Web platform, .PlayerNet App, .PlayerNet Games and all of the features and components thereof. The Games may contain materials licensed by third-parties to PlayerNet, and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following components of .PlayerNet and/or the Games, are owned or licensed by PlayerNet:
1. All virtual content, programming codes behind and appearing within .PlayerNet Web platform and .PlayerNet App, such as:
a. Visual Components: Locations, artwork, structural and landscape designs, animations and audio-visual effects;
b. Characters: The names, likenesses, inventories, and catch phrases of Game characters;
c. Items: Virtual goods, currency, potions, armour, pets, mounts, etc.;
d. Computer code, including the source code;
2. All Accounts. Note that PlayerNet owns all .PlayerNet Accounts, and that all use of an Account shall inure to PlayerNet’s benefit. PlayerNet does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account;
3. All Moral Rights that relate to .PlayerNet or a Game, including Custom Games, such as the right of attribution, and the right to the integrity of certain original works of authorship; and
4. The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on .PlayerNet or the Games, except as expressly set forth in this Agreement.
5. Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Service or the Games;
6. All Moral Rights that relate to the Service or a Game, including Custom Games, such as the right of attribution, and the right to the integrity of certain original works of authorship; and
7. The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on the Service or the Games, except as expressly set forth in this Agreement or otherwise by PlayerNet in certain contest rules
ii. Monitor: WHEN RUNNING, A GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 1(C)(ii) ABOVE. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, (a) THE GAME MAY COMMUNICATE INFORMATION BACK TO PLAYERNET, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) PLAYERNET MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. Additionally, certain Games include a tool that will allow your computer system to forward information to PlayerNet in the event that the Game crashes, including system and driver data, and consent to PlayerNet being able to receive this data.
iii. LIMITATIONS OF LIABILITY:PlayerNet, licensors, partners, subsidiaries and affiliates shall not be liable for any loss or damage arising out of your use of, or inability to access or use, .PlayerNet Web platform, .PlayerNet App, .PlayerNet Accounts or .PlayerNet Games. PlayerNet’s liability shall never exceed the total fees paid by you to PlayerNet during the six (6) months prior to your making a claim against PlayerNet.
iv. INDEMNITY: You hereby agree to defend and indemnify PlayerNet against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by PlayerNet arising out of or from your use of .PlayerNet Web platform, .PlayerNet App, .PlayerNet Account or .PlayerNet Games, any specific services or features associated therewith, including but not limited to User Content, .PlayerNet Credits, and this Agreement. Because some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, PlayerNet’s liability shall be limited to the fullest extent permitted by law.
1. PlayerNet’s Rights: PlayerNet may create updated versions of this Agreement (each a “New Agreement”) as .PlayerNet, the Games, and the law evolve.
2. New Agreements: This Agreement will terminate immediately upon the introduction of a New Agreement. New Agreements will not be applied retroactively. You will be given an opportunity to review the New Agreement before choosing to accept or reject its terms
3. Updates: You agree that PlayerNet may place data files on your hard drive as part of the .PlayerNet App and .PlayerNet Games as from time to time updates during the terms of this Agreement.
a. Acceptance: If you accept the New Agreement, and if the .PlayerNet Account registered to you remains in good standing, you will be able to continue using .PlayerNet Web platform, .PlayerNet App, .PlayerNet Account or the Games subject to the terms of the New Agreement.
b. Rejection: If you decline to accept the New Agreement, or if you cannot comply with the terms of the New Agreement, you will no longer be permitted to use .PlayerNet Web platform, .PlayerNet App, .PlayerNet Accounts or the Games.
4. PlayerNet may change, modify, suspend, or discontinue any aspect of .PlayerNet Web platform, .PlayerNet App, .PlayerNet Accounts or the Games at any time, including removing items, or revising the effectiveness of items in an effort to balance a Game. PlayerNet may also impose limits on certain features or restrict your access to parts or all of .PlayerNet Web platform, .PlayerNet App, .PlayerNet Accounts or the Games without notice or liability.
1. You are entitled to terminate this Agreement at any time by notifying PlayerNet by .PlayerNet Support.
2. PlayerNet reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, PlayerNet may provide you with a prior warning and/or suspend your use of the Account due to your non-compliance prior to terminating the Agreement.
3. In the event of a termination of this Agreement, any right to any and all payments you may have made for pre-purchased game access to certain Games are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were prepaid on your Account prior to any termination of this Agreement, and you will not be able to use to use .PlayerNet Web platform or to play Games.
vii. DISPUTE RESOLUTION.
1. Any and all disputes between you and PlayerNet which arose out of this Agreement will be resolved in accordance with the PlayerNet Dispute Resolution Policy.
i. PlayerNet shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of PlayerNet, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
ii. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
iii. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
iv. You hereby agree that PlayerNet would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
.PlayerNet End User License Agreement Revision 2.1.6. November 29, 2017