The Site and Services (as defined below) are accessed by you (“User” or “you”) under the following terms and conditions of service (“Agreement”):
1. Governing Agreement.
The purpose of the Site, owned and operated by MPForce, Inc.. (“MPForce”, “we” or “us”), an exempted company formed under the laws of the State of Delaware, and its affiliates, is to provide the community with fun and multiplayer games (the “Services”).
You certify to MPForce that if you are an individual (i.e., not a corporation or other legal entity), you are at least 13 years of age, and if you are between 13 and 18, your parent or legal guardian has reviewed and accepted this Agreement on your behalf. You also certify that you are legally permitted to use the Services and access the Site, and you take full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to use the Services and access the Site is revoked in such jurisdictions.
4. Registration and Security.
As a condition to using certain Services, you may be required to register with MPForce and select a password and username. You shall provide MPForce with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as your username a name of another person with the intent to impersonate that person; or (ii) use as your username a name subject to any rights of a person other than you without appropriate authorization. MPForce reserves the right to refuse registration of, or cancel a username in its discretion. You shall be responsible for maintaining the confidentiality of your MPForce password.
You are responsible for safeguarding and maintaining the confidentiality of your account. You agree not to disclose your password to any third party. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your account, whether or not you have authorized such activities or actions. You agree to immediately notify MPForce of any unauthorized use of your account or any other breach of security known to you.5. Access to the Services.
Subject to the terms and conditions of this Agreement, MPForce may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services MPForce performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips, video clips, tools, virtual goods and services, also known as the “Content”).
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, internet service, and mobile devices. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services. You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Services or Site.
MPForce will use reasonable efforts to ensure that the Site and Services are available twenty-four (24) hours a day, seven (7) days a week. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by MPForce to minimize such disruption where it is within MPForce’s reasonable control. YOU AGREE THAT MPFORCE WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICES, YOUR USER CONTENT (AS DEFINED BELOW) OR OTHER CONTENT.
7. Updates to Services.
MPForce may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature, database, or content. MPForce may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
8. Content and License.
The Site, Services and any Content, materials or information that form part of the Services are owned, controlled or licensed by MPForce. You may access or use the Content, and other items displayed on the Site for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Accessing, using, copying, or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from MPForce, or from the copyright holder identified in such Content’s copyright notice. All trademarks, service marks, and trade names which appear on the Site (other than those appearing in any User Content) are proprietary to MPForce and/or third parties. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. The Site is protected by copyright pursuant to copyright law and international conventions. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You acknowledge and agree that if you use any of the Services to contribute Content to the Site and Services, such as avatars, chat, message boards, blogs, forums, comments and the like (“User Content”), you hereby grant to MPForce a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, sub-licensable right and license to fully exploit such User Content (including all related intellectual property rights) and to allow others to do so. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “Moral Rights”. To the extent you retain any such Moral Rights under applicable law, you hereby ratify and consent to any action that may be taken with respect to such moral rights by MPForce and agree not to assert any Moral Rights with respect thereto. You warrant, represent and agree that you have the right to grant MPForce and the Site the rights set forth above. You represent, warrant and agree that you will not contribute any User Content that (i) infringes, violates or otherwise interferes with any copyright, trademark, or any intellectual property right of another or the privacy or publicity rights of another, (ii) reveals any trade secret or confidential information, unless you own the trade secret or have the owner’s permission to post or share it, (iii) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (iv) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (v) remains posted after you have been notified that such User Content violates any of sections (i) to (iv) of this sentence.
MPForce reserves the right to remove any User Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if MPForce is concerned that you may have breached this Agreement), or for no reason at all. You are responsible for all User Content posted or developed under your username, including User Content contributed by a third party whom you have authorized to post User Content under your username. If you believe User Content residing on the Site infringes a copyright, please see our Copyright Policy.
9. Use Restrictions.
10. Virtual Currency/Goods.
The Services may include a virtual currency (“Virtual Currency”) including, but not limited to coins, cash, poker chips, points or other items that may be awarded through use of the Services or acquired from MPForce or an authorized MPForce provider. To purchase Virtual Currency, you must be of legal age in your country of residence. The Services may also include virtual, game-specific digital items (“Virtual Goods”) that may be licensed from MPForce for real currency or for Virtual Currency. Virtual Currency and Virtual Goods are not, and may not be exchanged for or otherwise have any existence outside the Services. Virtual Currency and Virtual Goods are licenses for you to use those aspects of the Services that you desire to use. Usage of terms like sell, sale, buy, purchase or similar terms all refer to your acquisition of a license to use Virtual Currency or Virtual Goods solely as part of the Services, and do not represent any transfer of any right, title or ownership interest of any kind.
MPForce may in its sole discretion modify or eliminate such Virtual Currency and/or Virtual Goods, or the terms and conditions under which such Virtual Currency and/or Virtual Goods are provided, and MPForce shall have no liability to you or anyone for the exercise of such rights. If MPForce modifies or eliminates Virtual Currency, you should use any outstanding Virtual Currency on your account within 30 (thirty) days from the date on which Virtual Currency was eliminated.
You may not transfer or exchange Virtual Currency or Virtual Goods, except as expressly allowed by the rules of the Services. Virtual Currency may not be bought, sold, exchanged or otherwise transferred outside the Services. Any violation of these restrictions is deemed an automatic and serious breach of this Agreement, prohibited and void.
Purchases of Virtual Currency and Virtual Goods are final, and non-refundable for any reason. All Virtual Currency and Virtual Goods must be used within twelve (12) months of purchase. If such Virtual Currency and Virtual Goods are not used, they will be deleted from your account and all rights to them shall be terminated hereunder. Virtual Currency and Virtual Goods may not be transferred between players or between games. Virtual Currency or Virtual Goods for which payment is received by MPForce will be used up prior to Virtual Currency and Virtual Goods which were placed in your account without charge.
Any termination of your user account, termination of rights under this Agreement or termination or modification of the Services may result in termination of Virtual Currency and Virtual Goods, and no refund or credit will be provided to you. Any outstanding Virtual Currency on your account should be used within 30 (thirty) days.
11. Warranty Disclaimer.
MPForce has no special relationship with or fiduciary duty to you. You acknowledge that MPForce has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release MPForce from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. MPForce makes no representations concerning any content contained in or accessed through the Site, and MPForce will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. TO THE FULLEST EXTENT ALLOWED BY LAW, THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, MPFORCE DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL, SERVICES, OR SITE. BY USING THIS SITE OR THE SERVICES, YOU ACKNOWLEDGE THAT MPFORCE IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE OR THE SERVICES; (2) ACCESSING OR USING INFORMATION CONTAINED THROUGH THE SITE OR THE SERVICES; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE ACCESS, USE, UPLOAD, DOWNLOAD OR STORAGE OF USER CONTENT; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY SERVICES, VIRTUAL CURRENCY, VIRTUAL GOODS, OR USER CONTENT FROM THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (5) CONTENT POSTED IN ANY FORUM OR COMMUNITY AREA OF THE SITE OR THE SERVICES; AND (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE ACCESS, USE, UPLOAD, DOWNLOAD OR STORAGE OF POSTED CONTENT.
12. Third Party Websites.
13. Modifications to Agreement.
MPForce reserves the right, at its discretion, to modify this Agreement or Content at any time by posting a notice on the Site, or by sending you a notice via e-mail or through the Services. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. You also agree to be bound by any application, forum, or game specific rules within the applicable Services. In the event that you do not agree to any portion of the then-current Agreement, your use of the Services immediately terminates, and you must immediately stop using the Services.
14. Copyright Policy.
It is MPForce’s policy to respond to notices of alleged copyright infringement in accordance with MPForce’s Copyright Policy.
You will indemnify and hold MPForce, and its affiliates, suppliers, licensors, directors, officers, and their respective employees and agents harmless, including costs and attorneys’ fees, from any claim or demand due to or arising out of your access to the Site, use of the Services, your violation of this Agreement, or your infringement, or the infringement by any third party using your account, of any intellectual property or other right of any person or entity.
16. Limitation of Liability.
IN NO EVENT SHALL MPFORCE, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR MEMBERS BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES FOR (1) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (2) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (3) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR (4) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT. EXCEPT TO THE EXTENT VOID BY APPLICABLE LAW, MPFORCE’S CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID TO MPFORCE IN THE PRECEDING THREE (3) MONTHS PRIOR TO THE DATE OF CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.
Either party may terminate the Services at any time by notifying the other party by any means. MPForce may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement or for any reason whatsoever. Any fees paid hereunder are non-refundable. Upon termination of your account, your right to use the Services, access the Site and any Content (including without limitation any User Content, Virtual Currency and Virtual Goods) will immediately cease and all such Virtual Currency and Virtual Goods shall be liquidated from your account, and any outstanding Virtual Currency must be used within 30 (thirty) days from the date on which the account was terminated, except if the termination of the Service results of breach of any terms of this Agreement. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Your friends at MPForce would really appreciate it if you would please report any bugs in the Site email@example.com. Any comments, suggestions, or feedback relating to the Site or the Services (collectively “Feedback”) submitted to MPForce shall become the property of MPForce or its designee. MPForce will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Site, Services, or operations. Without limitation, MPForce will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not MPForce, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Copyright 2015 MPForce, Inc. All rights reserved.
COPYRIGHT POLICY. MPForce has adopted the following general policy toward copyright infringement. It is MPForce’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. If you believe that Content residing on or accessible through the Site or the Services infringes a copyright, please send a notice via email to firstname.lastname@example.org or containing the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;• Identification of works or materials being infringed;• Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that MPForce is capable of finding and verifying its existence;• Contact information about the notifier including address, telephone number and, if available, e-mail address;• A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once proper infringement notification is received, it is MPForce’s policy to remove or disable access to the infringing Content and to notify the Content provider or User that it has removed or disabled access to the Content; that repeat offenders will have the infringing Content removed from the Services, and that MPForce will terminate such content provider’s or User’s access to the Site and the Services.