If you have any questions regarding these Terms of Service or any supplemental terms, please contact ALT1’s customer service by visiting the support section of the website located at www.alt1games.com/support.
Some ALT1 Services require payment of a fee. You must have an Account and pay such fees to participate in these services.
- Grant of a Limited License. Subject to your agreement to and continued compliance with these Terms of Service and any supplemental agreements, ALT1 grants to you, for your personal use only, a non-exclusive, revocable, nontransferable license to use ALT1 Services. You may not (a) sublicense, rent, lease, loan or otherwise transfer any aspect of ALT1 Services; (b) modify, adapt, reverse engineer, decompile, or otherwise attempt to derive source code from any aspect of ALT1 Services; (c) create any derivative works in respect of ALT1 Services; or (d) otherwise use ALT1 Services except as expressly provided in these Terms of Service. Title to and all rights with respect to all aspects of ALT1 Services not specifically granted under these Terms of Service, including without limitation all rights of reproduction, modification, distribution, display, disassembly and decompilation and all copyright, patent, trademark, trade secret and other proprietary rights and interests are reserved to ALT1.
- Additional License Limitations. The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the “License Limitations”). Any use of ALT1 Services in violation of the License Limitations will be regarded as an infringement of ALT1’s copyrights in and to all aspects of ALT1 Services. You agree that you will not, under any circumstances:
i. exploit any aspect of ALT1 Services for any commercial purpose;
ii. use cheats, automation software, hacks, mods or any other unauthorized third-party software designed to modify in game experience;
iii. use any unauthorized third-party software that intercepts, mines, or otherwise collects information from or through ALT1 Services; provided, however, that ALT1 may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
iv. disrupt or assist in the disruption of (i) any computer used to support ALT1 Services (each a “Server”); or (ii) any other player’s game experience.
v. facilitate, create or maintain any unauthorized connection to ALT1 Services, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, ALT1 Services; and (b) any connection using programs or tools not expressly approved by ALT1; or
vi. host, provide or develop matchmaking services for any aspect of ALT1 Services, or intercept, emulate or redirect the communication protocols used by ALT1 in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks
- Eligibility. ALT1 Services are available only to individuals eighteen (18) years of age and older. If you are between the ages of thirteen (13) and eighteen (18), your parent or guardian must complete the registration process, in which case the parent or guardian will take full responsibility for all obligations under these Terms of Service. By accessing ALT1 Services, you represent that you are at least eighteen (18) years of age and are either accepting these Terms of Service on behalf of yourself or on behalf of your child.
The Children’s Online Privacy Protection Act, administered by the Federal Trade Commission, imposes rules regarding the collection of personal information from children. ALT1 Services are not directed to children under the age of thirteen (13). If you are under the age of thirteen (13) you may not create an Account and must not provide any personal information to ALT1.
- Ownership. All rights and title in and to all aspects of ALT1 Services (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, transcripts of the chat rooms, character profile information, recordings of games, game client and server software) are owned by ALT1 or its licensors. All aspects of ALT1 Services are protected by United States and international laws, and may contain certain licensed materials in which ALT1’s licensors may enforce their rights in the event of any violation of these Terms of Service.
- Establishing an Account. An account (“Account”) may be required to access and use ALT1 Services. If you have questions about Account registration, please contact us by visiting www.alt1games.com/support.
To create an Account, you must provide your name, date of birth, mailing address and valid email address. You must provide truthful and accurate information. Accounts are available only to adults, or in their discretion, their minor child. If you are a minor, your parent or guardian must complete the registration process, in which case your parent or guardian takes full responsibility for all obligations under these Terms of Service. Accounts will not be allowed for minors under thirteen (13) years of age, regardless of permission and/or registration by such minor’s parent or guardian. Some ALT1 Services may require creation of a user name. User names are tied to your Account. You may not use a user name that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.
You are solely responsible for all activity on your Account. You should not reveal your Account password to others. ALT1 will not ask you to reveal your password, or ever initiate any contact with you asking for your password reminder words.
You may not transfer, sell, or share your Account with anyone, unless you are a parent or guardian, in which case you may permit one child to use the Account instead of yourself. You are liable for all activities conducted through the Account.
- Account Suspension/Deletion. ALT1 may suspend, terminate, modify, or delete Accounts at any time for any reason or for no reason, with or without notice to you. For purposes of explanation and not limitation, an Account may be suspended, terminated and/or deleted as a result of violations of these Terms of Service.
You also have the right to cancel your Account or your subscription to ALT1 Services at any time. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with ALT1, including any dispute related to, or arising out of: (i) any term of these Terms of Service or ALT1’s enforcement or application of these Terms of Service; (ii) any aspect of or any content available through ALT1 Services or any change in ALT1 Services or content; (iii) your ability to access and/or use ALT1 Services; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for ALT1 Services. ALT1 reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to ALT1 Services. You are solely responsible for any amounts owed to third-party vendors or content providers before your cancellation.
- Username and Password. During the registration process, you may be required to select a unique username and a password (collectively referred to as “Login Information”). You may not share the Account or the Login Information with anyone other than as expressly set forth herein. You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, whether or not authorized by you. In the event that 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 notify ALT1 by emailing [email protected]
- Rules of Conduct. Character Names. Each user will select a character or guild name, as the case may be (a character or guild name may be assigned to you if you do not select one) (collectively, “Character Name”). When you choose a Character Name that can be seen by other players, you must abide by the following guidelines. If ALT1 finds a Character Name to be offensive or improper, it may, in its sole and absolute discretion, change the Character Name, remove the Character Name from all aspects of ALT1 Services, and/or suspend or terminate your use of ALT1 Services. In particular, you may not use the name of another person, or a name which violates a third party’s trademark right, copyright, or other proprietary right. You may not use a name which may mislead other players to believe you to be an employee of ALT1, or which ALT1 deems at its sole discretion to be vulgar or otherwise offensive. ALT1 reserves the right, in its sole and absolute discretion, to delete or alter any Character Name, terminate or suspend your Account, or terminate any license granted herein, for any reason whatsoever.
- Rules of Conduct. When using any aspect of ALT1 Services, including engaging in any type of user interactions, including in-game interactions, chat functions, forums and message boards, you agree not to:
i. Transmit or post any content or language which, in the sole and absolute discretion of ALT1, is deemed to be unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; or contains any viruses, trojan horses, worms, time bombs, automation software or other computer programming routines that are intended to damage, modify, interfere with, or otherwise disrupt any system or data;
ii. Communicate or post any user’s personal information in the game, chat, website, message boards or forums related to any aspect of ALT1 Services, except that a user may communicate his or her own personal information in a private message directed to a single user;
iii. disrupt the normal flow of chat, harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of ALT1 Services, send repeated unsolicited or unwelcome messages to a single user, or repeatedly posting similar messages in a chat area, including without limitation continuous advertisements to sell goods or services, defraud, or attempt to gain access to any other user’s Account;
iv. impersonate any person or entity, including, but not limited to, a ALT1 agent or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
v. interfere with or disrupt any aspect of ALT1 Services or servers or networks connected to ALT1 Services, or disobey any requirements, procedures, policies or regulations of networks connected to ALT1 Services;
vi. use or exploit errors in design, features which have not been documented, and/or “program bugs” to gain access that is otherwise not available, or to obtain a competitive advantage over other players;
In addition to the above, ALT1 prohibits any conduct or action that ALT1, in its sole and absolute discretion, determines is contrary to the spirit of ALT1 Services or game play, and may terminate or suspend your Account, or take any other action that ALT1 deems appropriate in its sole and absolute discretion.
- Ownership and Selling of Accounts or Virtual Items. ALT1 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. ALT1 owns, has licensed, or otherwise has rights to all of the content that appears in ALT1 Services. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in and from ALT1 Services, or any other attributes associated with the Account or stored on ALT1 Services. ALT1 does not recognize any purported transfers of virtual property executed outside of ALT1 Services, or the purported sale, gift or trade in the real world of anything that appears or originates in and from ALT1 Services. Accordingly, you may not sell or exchange in-game items or currency for legal money.
- Changes to the Terms of Service. ALT1 reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms of Service at any time, including without limitation access policies, the availability of any feature of ALT1 Services, hours of availability, content, data, software or equipment needed to access ALT1 Services, effective with or without prior notice; provided, however, that material changes (as determined in ALT1’s sole and absolute discretion) will be disclosed to you through any of one or a combination of: a patch process, or by email, postal mail, website posting, pop-up screen, or in-game notice. If you cannot comply with changes to these Terms of Service, or such changes are unacceptable to you, you must terminate, and immediately stop using ALT1 Services and your Account. Your continued use of ALT1 Services following any revision to these Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes. ALT1 may change, modify, suspend, or discontinue any aspect of ALT1 Services at any time. ALT1 may also impose limits on certain features or restrict your access to parts or all of ALT1 Services without notice or liability. If you do not agree to any new terms, or to any of the terms in these Terms of Service, your only remedy is to not use ALT1 Services and to cancel your Account or applicable subscriptions. ALT1 MAY FIND IT NECESSARY TO MAKE CHANGES TO, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF ALT1 SERVICES. THESE CHANGES OR ANY RESETS MAY NEGATIVELY AFFECT CHARACTERS OR GAMES OR GROUPS UNDER YOUR CONTROL. ALT1 RESERVES THE RIGHT TO MAKE THESE CHANGES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
- Service Interruptions and Changes to ALT1 Services. ALT1 reserves the right to interrupt all or any aspect of ALT1 Services from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that ALT1 will not be liable for any interruption of ALT1 Services, delay or failure to perform resulting from any causes whatsoever. You acknowledge that ALT1 Services may be interrupted for reasons beyond the control of ALT1, and ALT1 cannot guarantee that you will be able to access ALT1 Services or your Account whenever you may wish to do so. ALT1 shall not be liable for any interruption of ALT1 Services, delay or failure to perform resulting from any causes whatsoever. ALT1 has the right at any time for any reason or no reason to change and/or eliminate any aspect of ALT1 Services as it sees fit in its sole discretion. ALT1 shall not be obligated to refund any portion of any fees by reason of any interruption of ALT1 Services by reason of any of the circumstances described herein.
- Termination. These Terms of Service are effective until terminated. You may terminate these Terms of Service by terminating your Account and deleting any and all ALT1 software from your computer. If your Account, or a particular subscription for ALT1 Services associated with your Account, is terminated by you or for breach of these Terms of Service, you agree that no refunds of any prepaid amounts will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or entitlements associated with your Account (such as game points, tokens or other digital items)
ALT1 may also terminate your Account (and access to all related entitlements) for violation of these Terms of Service, rules of conduct, or any supplemental agreements, or illegal or improper use of your Account, or illegal or improper use of ALT1 Services, products, or ALT1’s intellectual property. ALT1 may issue you a warning or immediately terminate any and all Accounts you have established. You acknowledge that ALT1 is not required to provide you notice before terminating your Account, but it may choose to do so. If ALT1 terminates your Account, you may not access any aspect of ALT1 Services again without ALT1’s express permission. Notwithstanding the foregoing, ALT1 may, in its sole an absolute discretion, terminate these Terms of Service and your access to ALT1 Services with or without notice by terminating your Account as set forth in Section 6.
The provisions of Sections 4 (ownership), 5 (User Account), 10 (Virtual Items) and 14-21 shall survive any termination of these Terms of Service.
- Warranty Disclaimer. ALT1 SERVICES, INCLUDING GAMES, ALT1 SOFTWARE, ACCOUNT, AND ALL OTHER SERVICES ARE PROVIDED ON AN “AS IS” BASIS, PROVIDED AT YOUR OWN RISK, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALT1 HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, ALT1 does not ensure continuous, error-free, secure or virus-free operation of ALT1 Services, any ALT1 software, game or Account, and you understand that you shall not be entitled to refunds for fees based on ALT1’s failure to provide any of the foregoing. Some states do not allow the disclaimer of implied warranties, and to the extent, the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
- Limitation of Liability. NEITHER ALT1 NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE ALT1 SERVICES, ANY ALT1 SOFTWARE, OR GAME INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL ALT1 BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
- Force Majeure. ALT1 shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond ALT1’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
- Acknowledgments. You hereby acknowledge and agree that:
A. CERTAIN ASPECTS OF ALT1 SERVICES (SUCH AS GAME SOFTWARE DOWNLOADED TO YOUR COMPUTER) MAY MONITOR YOUR COMPUTER’S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH ALT1 SERVICES. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH ALT1 SERVICES, WOULD CONSTITUTE A VIOLATION OF SECTIONS 1, 2, 8 OR 9. IN THE EVENT THAT AN UNAUTHORIZED THIRD PARTY PROGRAM IS DETECTED, ALT1 MAY OBTAIN CERTAIN INFORMATION, INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ALT1’S RIGHTS UNDER THESE TERMS OF SERVICE OR SUPPLEMENTAL AGREEMENTS, WITH OR WITHOUT PRIOR NOTICE TO THE YOU.
B. WHEN YOU ACCESS ALT1 SERVICES, ALT1 MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING ALT1 SERVICES, AND TO POLICE AND ENFORCE THE PROVISIONS OF THESE TERMS OF SERVICE OR ANY SUPPLEMENTAL AGREEMENTS.
C. ALT1 may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if ALT1 believes that doing so may protect your safety or the safety of others.
D. ALT1 MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that ALT1 is under no obligation to monitor chat, and you engage in chat at your own risk.
E. You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.
- Equitable Remedies. In the event that you breach these Terms of Service, you hereby agree that ALT1 would be irreparably damaged if these Terms of Service were not specifically enforced, and therefore you agree that ALT1 shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Service, in addition to such other remedies as ALT1 may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with these Terms of Service, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
- Governing Law. The laws of the State of California, excluding its conflicts-of-law rules, govern these Terms of Service and your Account. You expressly agree that exclusive jurisdiction for any claim or dispute with ALT1, arising out of or relating in any way to your use of ALT1 Services resides in the federal and state courts within the jurisdiction of the United States District Court for the Northern District of California, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving ALT1 or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.
- Miscellaneous. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service is the complete and exclusive statement of the agreement between you and ALT1 concerning ALT1 Services, and these Terms of Service supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and ALT1; provided, however that these Terms of Service is in addition to, and does not replace or supplant any supplemental agreement. These Terms of Service may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.
- California Residents. Pursuant to Cal. Civil Code § 1789.3, (i) ALT1 Games USA, Inc. is located 3003 N. 1st St., San Jose, CA 95134, telephone: 408 432 5000, (ii) The fees and charges for ALT1 Services vary depending on the services selected by you and (iii) If you have a complaint regarding ALT1 Services or desire further information on use of ALT1 Services, visit ALT1’s customer support web page at http://www.alt1games.com/support. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254 or (800) 952-5210.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND AGREE THAT MY USE OF ALT1 SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE.