Terms of Service
Gazillion Terms of Service
Gazillion, Inc. ("Gazillion") is a publisher and developer of interactive software entertainment, and offers games, activities, and services through its Gazillion Games and System. A Gazillion "Game" refers to any Gazillion software product. The Gazillion "System" refers to the social networking features and all interactive features, forums, chat rooms, websites and services associated with Gazillion or any Gazillion Game, including the Game itself. This Terms of Service applies to the Gazillion System.
EACH TIME YOU USE OR ACCESS THE SYSTEM OR A GAZILLION GAME, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND REPRESENT THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THESE TERMS OF SERVICE, PLEASE DO NOT USE OR ACCESS THE SYSTEM OR GAME. ANY REFERENCES HEREIN TO "YOU" AND "YOUR" REFER TO BOTH YOU AND SUCH PERSON AND ENTITY ON WHOSE BEHALF YOU ACT, IF ANY.
Gazillion may, from time to time, modify, amend, or supplement these Terms of Service, and post those changes on the relevant Game website(s). At such time, you will be asked to agree to be bound by the Terms of Service as modified, amended or supplemented. If you do not agree to be bound by (or cannot comply with) the Terms of Service, you will no longer be able to access your Gazillion Account.
PART I: TERMS THAT APPLY TO THE ENTIRE GAZILLION SYSTEM
1. Accounts and Naming
You may view some of the content on the System as a visitor without registering. By using the System, you agree to be bound by this Terms of Service. In order to post to any forum, participate in chats, or play any of the Gazillion Games, you must register for a Gazillion Account. By completing any specific Gazillion Game’s registration process, you will establish a Gazillion Account with which to access the System and become a Gazillion Account Holder. Gazillion Accounts have specific Game Accounts attached to them (Gazillion Accounts and Game Accounts, unless specified, are collectively referred to as "Accounts").
1.1. Accounts for Personal Use Only
You shall not share your Accounts with anyone or allow anyone else other than you to access or use your Accounts, other than your parent(s) or guardian(s) who have rights to access and manage your Account if you are a Minor. Joint or shared ownership or use of an Account by more than one individual natural person is prohibited, other than parent(s) or guardian(s) who have rights to access and manage your Account if you are a Minor. Selling or renting access to another person to your Account for the purposes of allowing them access to the Gazillion System is prohibited. Access to the Gazillion System is intended solely for the purposes of entertainment by individual natural persons, and not for purposes of corporate, business, commercial, or income-seeking activities. Corporations, associations, partnerships, joint ventures, limited liability companies, artificial persons, and other businesses or other entities which are not a single, individual natural person, are not eligible to establish Accounts or to access the System, nor is anyone who is acting for, on behalf of, or in the course of the business of, any such artificial person or entity.
1.2 For Children Under 13 Years Old
You may register for a Gazillion Account if you are under 13, which will allow you access to certain portions (but not all) of the Gazillion System. Certain Gazillion Games require you to be at least 13 in order to register a Game Account (see Part III regarding Teen Rated games). If you are a child under the age of 13, your parent(s) or guardian(s), must undertake the registration process for you and agree to take full responsibility for all obligations under this Agreement.
1.3 For Minors Between the Ages of 13 and 17 Inclusive
If you are between the ages of 13 and 17 inclusive, you may register for a Gazillion Account. Certain Gazillion Games require you to be at least 18 in order to register a Game Account. If you are a minor and complete the registration process, you understand that you cannot later void this Agreement as a minor without losing access to your Gazillion Account and Game Account(s), if any, and all Game Account and Gazillion Account attributes and your parents being held responsible for your actions and any payment obligations you may have incurred while enjoying the benefits of having a Gazillion Account and/or a Game Account.
1.4 Naming Policy
To create a Gazillion Account, you may create a Gazillion Public Name. Certain Gazillion Public Names are not acceptable, including those that either directly or by use of misspellings, phonetics, or numbers are: 1) vulgar, obscene, lewd, sexual, racist, hateful, or contain ethnic references or slurs; 2) refer to any drug or drug paraphernalia references; 3) created with the clear intent to harass, impersonate, or abuse other players, guilds, or staff; 4) are a part of any Gazillion Game; 5) derived from popular culture, media, religious, or historical significance or origin; 6) the trademark or service mark (whether registered or under common law) of any third party; or 7) are non-pronounceable (e.g., no "asdbxwrs" or "2lkjf25"). Such names may be removed by Gazillion. Extreme violations of the Naming Policy can result in suspension or termination of your Gazillion Account.
We reserve the right to change any name that we feel—in our sole discretion—violates the spirit of any Gazillion Game or the Naming Policy, with or without warning or consent.
1.5 Sale of Accounts Prohibited
You may not transfer, sell or auction, or offer to transfer, sell or auction, or buy or accept any offer to transfer, sell, or auction, any Gazillion Account. The buying, selling, auctioning of Gazillion Accounts whether through online auctions (for example through eBay), newsgroups or postings on message boards, or through a third-party broker service, and/or any offer or attempt to do so, constitutes a violation of this Terms of Service. The sale of Game Accounts and/or game items is subject to the applicable EULA.
2.1. Charges Apply to Some Activities
You may create a Gazillion Account without paying any registration or subscription fees to access the Gazillion System. However, Gazillion may charge fees to access or participate in certain activities on the System. You will be informed prior to entering any agreement whereby charges will be imposed. All billing issues are handled through the Account Management section of the relevant Game website. Any applicable fees and other charges are payable in advance. Gazillion may change its fees and external billing methods which directly impact you at any time effective immediately after notice of these changes are given. You are responsible for reviewing the Account Management section of the relevant Game to obtain timely notice of such changes. If any change is unacceptable to you, you may cancel your Gazillion Account or Game Account at any time, but Gazillion will not refund any fees that may have accrued to your Gazillion Account or Game Account before such cancellation, and we will not prorate fees for any charges. For further information please refer to the Account Management section at the relevant Game’s website.
2.2. Payment Options/Major Credit Card
Subject to technical problems and revisions to payment policies which may be instituted by Gazillion at any time without notice, you may pay for any applicable fees and charges by major credit card, or other methods expressly authorized by Gazillion. When you provide payment method information to Gazillion, you represent to Gazillion that you are the authorized user of the payment method that is used to pay the fees and charges applicable to the subject Account. As the Gazillion Account Holder, you are responsible for all fees and charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account or any linked Gazillion Account, including your family or friends. This means that, unless your Account or credit card information is obtained unlawfully or fraudulently by someone using your Account, you will be responsible for all usage and purchases on your Account.
2.3. Refund Policy
All fees and/or charges incurred by a Gazillion Account Holder through the use of their Gazillion Account are non-refundable except in the following situation: If the Gazillion Account Holder who incurred the subject fees and/or charges can prove that the Gazillion Account Holder has been victimized by identity theft. If you have any questions regarding our refund policy, please contact our customer service department at the relevant Game website.
3.1 Ownership of Content; Assignment
By "Content," we mean all games, software, communications, images, sounds, material and information you see through the System. You acknowledge and agree that Gazillion is the sole and exclusive owner of the Gazillion System. Gazillion or its suppliers are the sole and exclusive owner(s) of all right, title and interest including, without limitation, all intellectual property rights in the same and other proprietary rights owned by Gazillion or its suppliers, title to all of which is expressly reserved, and that you acquire no rights in any of the same, express or implied, beyond those granted specifically in this Terms of Service or any applicable Game EULA.
You acknowledge and agree that Gazillion is the sole and exclusive owner of the Game, and that Gazillion or its suppliers are the sole and exclusive owner(s) of all right, title and interest (including, without limitation, all intellectual property rights) in the computer code, programs, routines, subroutines, objects, files, data, characters (including all items, currency, objects and attributes comprising or associated with a character and a Game Account)(known as "Game Content"),
You acknowledge and agree that Gazillion is the sole and exclusive owner of all User Generated Content ("UGC"), subject to the limitations below. As to information you transmit to the System, including, but not limited to, your original artwork ("fan art"), stories, poems, music, or lyrics, except as otherwise provided herein, you hereby irrevocably and without additional consideration beyond the rights granted to you herein, assign to Gazillion any and all right, title and interest you have or may have, including copyrights, in such UGC; provided, however, that the foregoing assignment shall not include the content of messages posted by you to user-to-user areas, but you grant Gazillion a perpetual, irrevocable, license to use such posts in any medium.
3.2. Gazillion Rights to Non-Personally Identifiable Information and User Generated Content
Without limitation of any of its other rights, Gazillion shall have the right to display and publish any information (except personally-identifiable information about you) associated with any character or identity developed in your Account, for example, in charts, lists and other compilations, such as Leaderboards and the like without any prior notification to you of its intent to do so and without any compensation or any form of recompense whatsoever. Gazillion shall also have the right to display "screenshots" that may include your character, identity, or sub-identity data without your prior permission or without compensation to you.
3.3. Copyrights and Copyright Agent
Gazillion respects the rights of all copyright holders and in this regard, Gazillion has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and Gazillion Account Holders who infringe the rights of copyright holders on multiple occasions ("repeat offenders"). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Gazillion's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, ("DMCA") 17 U.S.C. 512:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification and location of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site and their locations;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) Information reasonably sufficient to permit us to contact the complaining party;
(5) 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
(6) 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.
For copyright inquiries under the DMCA please contact:
Attn: Gazillion, Inc.
475 Concar Drive
San Mateo, CA 94402
Upon proper receipt of this information from you ("notice") that substantially complies with all of the requirements above, we will investigate your claim and respond expeditiously. Then, we will remove, or "take down" any infringing material. At that point will notify the individual who uploaded the alleged infringing material, as required by statute, and allow them the opportunity to take advantage of the "counter-notice" and "put-back" provisions of the DMCA.
Do not contact Gazillion’s DMCA copyright agent for inquiries other than those relating to alleged copyright infringement.
IN THE EVENT THAT WE DETERMINE THAT YOU HAVE REPEATEDLY UPLOADED OR OTHERWISE POSTED MATERIAL THAT INFRINGES THE COPYRIGHTS OF OTHERS, WE ARE REQUIRED BY FEDERAL STATUTE TO TERMINATE YOUR ACCESS TO THE SYSTEM.
3.4 Gazillion System for Personal Enjoyment Only
YOU SPECIFICALLY ACKNOWLEDGE THAT THE TIME YOU SPEND USING THE GAZILLION SYSTEM IS BEING DONE ONLY FOR THE PURPOSE OF YOUR ENTERTAINMENT, AND THAT YOU CLAIM NO INTEREST IN THE VALUE OF SUCH TIME AS REPRESENTED BY THE NUMBER OF POSTS OR OTHER CONTRIBUTIONS TO THE FORUM, OR UPLOADING OF ANY UGC.
3.5 Monitoring of Content
Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate content for the System. Content standards may vary depending on where you are accessing the System from and the expectations of the local community in which you reside. Some game play and chat rooms may involve use of stronger language than others, including expletives. We request that you always use your best judgment in providing or utilizing content and engaging in other conduct in connection with the System.
Gazillion may monitor any content on the System at any time. But we do not monitor all of the content on the System, and we do not attempt to do so. If you encounter any content that you do not agree with or find objectionable, please e-mail a detailed report to customer service at email@example.com. Gazillion does not endorse, approve, or prescreen any content that you or other users communicate on the System. Gazillion does not assume any responsibility or liability for User Generated Content such as forum posts, tweets, or other content originating from other players. We reserve the right to remove content that is objectionable to us in our sole and absolute discretion. Gazillion does not assume any liability for any failure to remove, or any delay in removing, any content.
Gazillion only operates the Service in the English language. This includes, but is not limited to, chat services, design content (written content), tutorials, forum content, blog content, and Customer Support interactions (such as Account management, phone, or email correspondence with Gazillion staff). If a user communicates in any language other than English within the Service, Gazillion holds the right to suspend or terminate the Account."
3.6 Links Outside of the System
For the convenience of our users, the System provides certain links to sites provided by third parties. Gazillion is not responsible for the content of any other site linked to or from the Gazillion System. If you link to another site, you leave the System and you do so entirely at your own risk. Gazillion provides links from the System to other sites solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. GAZILLION DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.
3.7 Proprietary Rights
You shall not download, copy, transmit, modify, reproduce, distribute, show in public or in private, or create any derivative works of the System, or any associated Content. Unauthorized downloading, copying, transmitting, modifying, reproducing, distributing, showing and creating of derivative works of any Content may lead to the termination of your Gazillion Account and subject you to further legal action. Similarly, other Content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless Gazillion and its licensors, affiliates, employees, officers, directors and agents from all claims for liabilities, losses and expenses, including reasonable attorneys' fees, from third parties in connection with such actions.
Gazillion, Inc., the logo(s) of all Gazillion Games, and associated brand names and domain names are trademarks of Gazillion in the United States and other countries. Gazillion trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner can be interpreted as business disparagement. All other trademarks not owned by Gazillion that may appear on the System are the property of their respective owners. You may not use, and nothing contained on the System grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the System without the written permission of Gazillion or the respective owner of such trademark, service mark or logo.
You agree that you will be personally responsible for your use of the System and for all of your content and online activity while using the System, and that you will indemnify and hold harmless Gazillion, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys' fees, from third parties arising from such conduct or any use of the System. Specifically, you agree to comply with all applicable laws, rules and regulations governing the disclosure and use of third party property, including, without limitation, any and all intellectual property rights. You also agree to abide by the following Gazillion Rules of Conduct:
4.1 While accessing any part of the System, you must respect the rights of others to play and enjoy the System as intended by Gazillion.
4.2 You may not communicate any player’s real-world information through the use of the System or any other means.
4.3 You may not use or distribute sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language (including, by way of example, but not limited to, ethnic slurs and religious epithets), content, character names, titles, descriptions, or in-game labels (including, by way of example, but not limited to, offensive or inappropriate guild names, pet names and inscriptions).
4.4 You may not form or participate in groups whose ideology is based upon or resembles anti-religious, anti-ethnic, anti-sexual orientation, nationalistic, racist or sexist philosophies.
4.5 While using the System, you may not exhibit or partake in behavior that is disruptive to the System’s normal playability, causes grief or alarm to other players, or degrades the service performance or other players’ client software (for example, deliberately using game bugs or loopholes to disrupt the game or dropping excessive items or summoning excessive portals).
4.6 You may not spam or flood the in-game chat or any part of the System with multiple posts.
4.7 You may not impersonate any staff member of Gazillion or its affiliates or subsidiaries, past or present.
4.8 You may not violate any local, state, national, or international laws or regulations.
4.9 You may not market, promote, advertise, or solicit products or services within the System.
4.10 You may not modify the System, except in ways expressly permitted by Gazillion.
4.11 You may not advertise the intent to, commit the act of, or facilitate the ability of others to commit the act of, unauthorized selling, buying, transferring or sharing access to any Gazillion Account.
4.12 You may not advertise the intent to, commit the act of, or facilitate the ability of others to commit the act of, unauthorized selling or buying of in-game items for real-world monetary values or other consideration.
4.13 While participating in the System, you will follow the instructions and guidelines of authorized personnel at all times.
4.14 You may not intentionally hide or falsify personal information that is deemed necessary for Account creation.
4.15 You may not upload or transmit copyrighted material to any part of our System without the express consent of the copyright holder.
4.16 You will not attempt to interfere with, hack into, or decipher any transmissions to or from the System or related services.
4.17 You will not exploit, distribute or publicly communicate any System error, miscue or bug which gives an unintended advantage within the System, but rather will report any error, miscue or bug you find that provides an unintended advantage to us through our various bug reporting mechanisms.
4.18 You may not create, post, use or distribute any utilities, emulators or other third party software tools (including, without limitation, macroing programs, botting programs, server emulators, client hacks, map hacks, and data gathering utilities).
4.19 You may not harass other players or Gazillion staff, including by way of example, but not limited to, threats, stalking or abuse of others.
4.20 You may not post website links or URLs in the System that point to content deemed by Gazillion to be inappropriate, including, and without limitation, any website links or URLs directed to other commercial products or services not owned or controlled by Gazillion. You may not post website links or URLs to any materials (including software and other information) that could harm (or is designed to harm) other players’ computers or would allow others to inappropriately access software or websites.
4.21 You may not use the System and/or related services for illegal activities. Gazillion is not responsible for anything you say (text or voice) in-game or in our chat rooms or forums, or for any consequences that arise from what you say. If you break the law, you alone will be responsible for the consequences. If we feel, in our sole discretion, that your chat or implied actions could result in damage being done to our game, or to one of our customers, we may turn over such evidence to law enforcement agencies to protect our interests.
4.22 Although the System may involve role-playing games, you may not claim "role-playing" in defense of any violation of the Terms of Service.
4.23 You may not conduct surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
4.24 You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
4.25 You may not post or upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the System or any other user’s computer.
4.26 You may not advertise or offer to sell or buy any goods or services for any purpose, unless the System specifically allows such messages.
4.27 You may not falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other Content.
4.28 You may not restrict or inhibit any other user from using and enjoying the System or related services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or "scrolling" (continuous posting repetitive text), are prohibited.
4.29 You may not harvest (in an automated manner or otherwise) or otherwise collect personal information about others, including e-mail addresses, or use such information to send unsolicited emails.
4.30 You may not use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the System and related services or other user or usage information or any portion thereof.
4.31 You may not attempt to get a password, other Gazillion Account information, or other private information from a Gazillion Account Holder or any other user of the System and/or related services.
4.32 You may not improperly use support or complaint buttons or make false reports to Gazillion administrators.
4.33 You may not use the System and/or related services in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
4.34 You may not use the System and/or related services for fraudulent transactions including, without limitation, fraudulent in-game virtual transactions.
4.35 You will not encourage, condone, or assist other players in violating any of their contracts or agreements with us, including but not limited to the End User License Agreement, Terms of Service or any applicable Non-Disclosure Agreement.
4.36 Leaders of guilds within the Game and System (including all related concepts such as Associations, Squads, Teams, Crews, etc.) and/or officers may be held accountable for the actions of their membership if we believe, in our sole discretion that the group is encouraging, assisting, or condoning actions that violate our agreements or contracts.
4.37 We reserve the right, but not the responsibility, to take corrective action against any form of conduct or user generated content that we feel, in our sole discretion, to be against the interest of the Gazillion Account Holders or the spirit of any Gazillion Game.
4.38 If you encounter another Gazillion Account Holder who is violating any of the items described in the Online Conduct list above, you are obligated to report them by using the "Help" or "Report Abuse" functions of the System.
You acknowledge and agree that your communications with other Gazillion Account Holders or visitors via any channel of communication on this System are public and not private, and that you have no expectation of privacy concerning your use of this System. You acknowledge that personal information that you communicate on this System may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on our System. You are solely responsible for these communications and their legality under all applicable laws and regulations. Gazillion is not responsible for information that you choose to communicate to other users on the System, or for the actions of other users.
6.1 Deactivation by You
You have the right to deactivate or cancel your Gazillion Account at any time. You understand and agree that the deactivation of your Gazillion Account is your sole right and remedy with respect to any dispute, including, but not limited to, related to, or arising out of: (i) any term of these Terms of Service or Gazillion's enforcement or application of these Terms of Service; (ii) the Content available through the System; (iii) your ability to access and/or use the System; 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.
You may deactivate your Account by delivering notice to Gazillion's customer service department at firstname.lastname@example.org or by accessing the Account Management self-service portion of the relevant Game website. Gazillion reserves the right to collect accrued fees and charges and costs incurred by you before you cancel your Account. In the event your Account is deactivated for any reason, including, but not limited to a material breach of any applicable EULA, 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 anything within the System or associated with it (such as credits or in-game items). Active Gazillion Account Holders may not allow former Gazillion Account Holders whose Gazillion Account has been terminated to use their Gazillion Accounts. Any delinquent or unpaid Accounts, or Accounts with unresolved disputes, must be settled before Gazillion may allow you to use that Account again.
6.2 Termination by Gazillion
We reserve the right to suspend or deactivate your Gazillion Account in the event that you violate either this TOS or any applicable EULA or in the event that we stop providing a Game. We reserve the right to retain all records related to your Account upon suspension, deactivation, or termination of such Account either by you or by Gazillion up to the maximum length of time allowed under Federal or state law in order to fight fraud or abuse on the System and in Games, or for other purposes allowed under Federal and state laws.
In the event that a Gazillion Account is terminated, Gazillion reserves the right to terminate any and all other Gazillion Accounts that share the name, phone number, email address, internet protocol address, credit card number, or PayPal account with the terminated Gazillion Account.
7.1 The Gazillion System and Gazillion Games Are Provided "AS IS", Disclaimer of Warranties
The System is provided on an "as is" and "as available" basis. Gazillion reserves the exclusive right and may, at any time and without notice and liability to you, modify or discontinue the System or any portion thereof or delete the data that you provide, whether temporarily or permanently. Temporary interruptions in the availability of the System may occur from time to time as normal events. Under no circumstances will Gazillion be held liable for any damages resulting from such interruptions. The System may include technical inaccuracies, typographical errors or may enable you to access or download harmful or malicious code introduced onto the Internet by third parties. The System is made available internationally and may contain references to products, programs and services of Gazillion and/or its suppliers that are not available in your location. Such references do not imply that Gazillion or its suppliers intend to make available such products, programs or services in your location.
YOU EXPRESSLY AGREE THAT THE USE OF THE GAZILLION SYSTEM AND THE INTERNET IS AT YOUR SOLE RISK. GAZILLION'S SYSTEM AND ANY THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. GAZILLION PROVIDES THE GAZILLION SYSTEM ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE GAZILLION SYSTEM AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT GAZILLION WILL HAVE ADEQUATE CAPACITY FOR THE GAZILLION SYSTEM AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
The System may require that you download software from Gazillion or its licensors onto your computer. The right to use the Game is subject to the terms and conditions of the applicable EULA. You understand that Gazillion's introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by Gazillion may vary depending on your computer and other equipment.
7.2 User Warranty and Indemnification
You represent and warrant to Gazillion: (a) that you have full power, authority, and legal capacity to enter into the Agreements and follow its obligations, and if you are registering on behalf of another entity, you have the authority to do so, and if you are a Minor, that your parent or legal guardian has reviewed and agreed to this document; (b) you will provide complete and accurate information to Gazillion, including, but not limited to your full billing and contact information; (c) the charges incurred by you will be honored by your credit card company or payment funding source; and (d) you will pay all charges that you incur with Gazillion at the then-current rates. If you are a Minor, you understand that you cannot register for an Account and/or a Game Account and later void this Agreement because of your status as a Minor without losing access to your Gazillion Account and all items in any Game Account.
7.3 Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GAZILLION OR ITS LICENSORS IS TO STOP USING THE GAZILLION SYSTEM, AND TO CANCEL YOUR GAZILLION ACCOUNT. You acknowledge and agree that in no event shall Gazillion be liable to you or any third party FOR (I) ANY DAMAGES OF ANY TYPE CAUSED TO ANY COMPUTER SYSTEM OR OTHER PERSONAL PROPERTY, OR FOR PERSONAL INJURY, INCLUDING WITHOUT LIMITATION, DEATH, RESULTING FROM ACCESS TO, OR USE OF, THE SYSTEM, THE SOFTWARE OR DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE SYSTEM OR (ii) any indirect, incidental, special, punitive, consequential, reliance, or other damages or penalties, including WITHOUT LIMITATION, personal injury or death, loss of profits, or lost savings, income, revenue, data or use, whether in an action in contract or tort, including without limitation negligence, or otherwise, arising out of this agreement or your use, misuse of, or access to the SYSTEM or content relating to it, or the exchange of information with the SYSTEM, even if any those parties has been advised of the possibility of such damages. YOU assume any and all risk associated with the ACCESS AND use of, OR EXCHANGE OF INFORMATION OR DATA WITH, the SYSTEM. IN ANY EVENT, OUR LIABILITY TO YOU OR ANY THIRD PARTIES SHALL BE LIMITED TO AN AGGREGATE AMOUNT OF $100.
8.1 Governing Law, and Dispute Resolution Procedure
To facilitate the resolution of any controversy related to this Agreement ("Dispute"), you and Gazillion agree to first attempt to resolve any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Informal resolution may be completed through a customer service mechanism. If this fails, additional informal discussions begin upon written notice from you or Gazillion. Gazillion will send its notice to the email address you have provided to us and may also provide a copy to a physical address if we have one on file. You will send your notice to Gazillion, 135 W 25th Ave, PO Box 6891, San Mateo, CA 94403, Attn: Legal Department.
If you and Gazillion are unable to resolve a Dispute through informal discussions, either you or Gazillion may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by final binding arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be performed under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Your arbitration fees and your share of arbitrator compensation shall be governed by these AAA rules. If such costs are determined by the arbitrator to be excessive, Gazillion will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online as allowed by the AAA rules. Except as otherwise provided in this Agreement, you and Gazillion may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
No Class Action. You and Gazillion agree that any arbitration shall be limited to the Dispute between Gazillion and you individually. To the full extent permitted by law no arbitration or other dispute resolution proceeding shall be joined with any other or decided on a class-action basis.
Exceptions to Informal Discussions and Arbitration. You and Gazillion agree that the following Disputes are not subject to the above provisions concerning informal discussions and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or criminal activity; and (3) any claim for injunctive relief.
Venue. Any arbitration will take place in the County of San Francisco, State of California, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of San Francisco, State of California, United States of America, and you and Gazillion agree to submit to the personal jurisdiction of that court. Construction and performance of this Agreement and the legal relations between the parties hereto shall be under the law of the State of California without regard to its conflict of laws provisions. Each party hereby waives any claim that such venue is improper or inconvenient.
8.2. Void Where Prohibited
Gazillion makes no representation or warranty that any Content on the System is lawful in every jurisdiction from which such Content can be accessed, or is available for use in all jurisdictions. If you access or use the System from a jurisdiction outside the State of California you are responsible for compliance with all applicable local laws.
8.3. Modification to System/Permanent Discontinuation of System
Gazillion may at any time and from time to time revise, supplement, suspend, modify, or discontinue, temporarily or permanently, the System (or any part thereof) with or without notice to you, and terminate all licenses granted in these Terms of Service. You agree that neither Gazillion nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, or discontinuation of the System, and termination of any license.
Gazillion, in its sole discretion, may remove or delete any of your Content when such Content has exceeded a pre-determined time restriction and/or quantity, or when the System, or any component thereof, requires maintenance or upgrades.
You may not assign or transfer this agreement or your rights hereunder, and any attempt to the contrary is void. Gazillion may assign its rights and responsibilities under this agreement in its sole discretion.
PART II: TERMS THAT APPLY TO ALL BETA TESTS
You may be given the opportunity to test new games and site features. Your participation as a beta tester is subject to the following terms and conditions:
Closed Beta Tests
Closed Beta Tests are confidential. The Closed Beta Test, including information about features and functionality to be offered as part of the games, are confidential. In order to participate in a Closed Beta Test you (or your parent or legal guardian) will be required to enter into a separate Non-Disclosure Agreement (NDA). If you participate in a Closed Beta Test, you must safeguard and prevent unauthorized access to, copying, disclosure, and unauthorized use of the Closed Beta Test. You will carry out the testing personally and not provide access to the Closed Beta Test to any other person. You agree that breach of the above confidentiality obligations or the separate NDA will cause irreparable harm to Gazillion. Gazillion is entitled to (in addition to any other remedies available to it) limit or remove your access to any beta content—without notice to you—to prevent any breach, potential breach or threatened breach. Your obligation to keep the Closed Beta Test confidential will continue until Gazillion publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
All Beta Tests (Closed and Open)
As a beta tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these Terms of Service or on the System shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied. When playing some beta games, you may accumulate items, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process. We reserve the right to reset player history and erase data. By using the Gazillion System during the beta Period, you agree that: (i) playing beta games is at your own risk and that you know the games may include known or unknown bugs; (ii) any value or status indicators that you achieve through game play may be erased at any time; (iii) Gazillion has no obligation to make these games available for play without charge for any period of time, nor to make them available at all; (iv) these games may be available only by subscription once the testing process is complete or at any time in the future; (v) these Terms of Service apply to your use of the games during the testing phase; and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.
Beta test Accounts are non-transferable under any circumstances.
PART III: TERMS THAT APPLY TO "TEEN" RATED GAMES
In addition to the Terms of Service listed above, and consistent with any corresponding EULA, the following terms apply to Games for older audiences that may be different from terms applicable to other parts of the Gazillion System.
Some Gazillion Games have a "Teen" rating, which means that the Game may have content that some parents might not deem suitable for children under 18. In order to create an account for these "Teen" rated games you must be at least 18 years old. In order to be a Closed Beta Tester for Gazillion Games that are rated "Teen", you must be 18 years of age or older.
Sale of Game Accounts and Game Items Prohibited ("Real Money Transactions")
YOU MAY NOT TRANSFER, SELL OR AUCTION, OR OFFER TO TRANSFER, SELL OR AUCTION, OR BUY OR ACCEPT ANY OFFER TO TRANSFER, SELL OR AUCTION, ANY GAME ACCOUNT, OR GAME CONTENT, INCLUDING (WITHOUT LIMITATION) CHARACTERS, CHARACTER ATTRIBUTES, ITEMS, CURRENCY, AND OBJECTS, OR ENCOURAGE OR INDUCE ANY OTHER SYSTEM USER TO PARTICIPATE IN SUCH A PROHIBITED TRANSACTION ("REAL MONEY TRANSACTIONS"). THE BUYING, SELLING, AUCTIONING OF CHARACTERS, CHARACTER ATTRIBUTES, ITEMS, CURRENCY, OR OBJECTS WHETHER THROUGH ONLINE AUCTIONS (FOR EXAMPLE EBAY), NEWSGROUPS OR POSTINGS ON MESSAGE BOARDS, OR THROUGH A THIRD PARTY BROKER SERVICE, AND/OR ANY OFFER OR ATTEMPT TO DO SO, CONSTITUTES A VIOLATION OF THIS TERMS OF SERVICE AND THE SUPER HERO SQUAD ONLINE EULA. IN ADDITION TO VIOLATING THE EULA AND THE TERMS OF SERVICE, SELLING AND BUYING OF INDIVIDUAL CHARACTERS, CHARACTER ATTRIBUTES, ITEMS, OBJECTS AND/OR CURRENCY CONSTITUTES AN UNAUTHORIZED MODIFICATION OF THE DATA COMPRISING THE GAME ACCOUNTS INVOLVED IN THE TRANSACTION, AN UNAUTHORIZED MODIFICATION OF PROPRIETARY GAME CONTENT, AN UNAUTHORIZED USE OF THE SYSTEM, AND VIOLATES GAZILLION’S INTELLECTUAL PROPERTY RIGHTS. MOREOVER, ENGAGING IN CONDUCT PROHIBITED BY THIS SECTION MAY ALSO CONSTITUTE MISAPPROPRIATION, AND/OR TORTIOUS INTERFERENCE WITH OUR BUSINESS AND/OR CONTRACTS, FALSE DESIGNATION OF ORIGIN, ENDORSEMENT OR SPONSORSHIP OF SUCH TRAFFICKING, AND TARNISHMENT OF THE GOODWILL IN THE GAZILLION NAME.
If you have any questions, complaints, or comments regarding these Terms of Service, or have other questions or suggestions about the System, please contact us via e-mail at email@example.com