TERMS

Last updated:2017/06/01 *ET

The following are Cyscorpions Inc. (referred to as “Cyscorpions”, “we”, “us”, or “our”) terms and conditions of use (“Terms”):
Please read these Terms carefully because they govern your access to and playing of the game application “LORD OF THE DRAGONS” (the “LODs Game”), Cyscorpions Content, and User Content (defined below) and are legally binding.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “AGREE” BUTTON WHERE APPLICABLE, OR BY ACCESSING OR PLAYING THE LODS GAME OR BY DOWNLOADING OR POSTING ANY CONTENT ON OR THROUGH THE LODS GAME, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR PLAY THE LODS GAME OR CYSCORPIONS CONTENT.

Your access to or playing of the LODs Game may have different content-specific terms and conditions (“Rules”) posted, or may require you to agree with and accept such additional Rules. If there is a conflict between these Terms and Rules, the applicable Rules will take precedence with respect to your playing of, or access to, the LODs Game.

1. Eligibility and Registration

In order to access the LODs Game, and to post any User Content on or through the LODs Game, you must register through the registration process established by Cyscorpions and obtain approval from us to play the LODs Game (“Approval”). Upon Approval, you will become a player of the LODs Game (“Player”) and be issued a Gamer ID (“Gamer ID”) which is necessary to play the LODs Game, and if we determine appropriate, a password for the Gamer ID will also be issued. The Gamer ID and password issued by us cannot be modified. The Gamer ID will contain Personal Information and Non-Identifying Information as well as Virtual Items and Virtual Currency (as defined below).
You agree that if you are under the age of 18 or whatever is the age of legal majority where you access the LODs Game, you represent that your legal guardian has read, understood, and agreed to these Terms.
In registering for Approval and a Gamer ID, you agree to monitor and restrict any use of the LODs Game by minors. You accept full responsibility for any unauthorized use of the LODs Game by minors, and this includes any use of your credit cards or other payment or settlement instruments or devices by minors.
You may not register for Approval or a Gamer ID if you are below the age of 14. In registering for Approval and a Gamer ID, you agree to prevent access to anyone under 14. Since the LODs Game is not intended for children under the age of 14 (“children”), access to the LODs Game or issuance of a Gamer ID is not knowingly granted to children.
During the registration process, you will be required to provide certain information, including your email address. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Cyscorpions reserves the right to suspend or terminate your Gamer ID if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
If you create or are issued a password, you are responsible for safeguarding your password. You agree not to disclose your password to any third party or to allow any third party to use your Gamer ID, and you agree to take sole responsibility for any activities or actions under your Gamer ID, whether or not you have authorized such activities or actions. You will immediately notify Cyscorpions of any unauthorized use of your Gamer ID and/or loss of your password. In the event of loss of your password, you agree that you will solely be responsible for any missing items related to the LODs Game, including but not limited to, Virtual Currency (as defined below).
A Gamer ID will be issued per terminal (e.g., your smart phone, computer, etc.). If you decide to use your Gamer ID for another terminal, you will be required to complete Cyscorpions' process for changing terminals.

2. Modification

Cyscorpions reserves the right, at its sole discretion, to modify, discontinue or terminate the LODs Game, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post these Terms as modified or otherwise provide you with notice of the modification. By continuing to access or play the LODs Game after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease playing the LODs Game.

3. Privacy

In the course of accessing or playing the LODs Game, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your name, phone number, email address and mailing address (“Personal Information”). We will collect, use, transfer and disclose Personal Information in accordance with these Terms. As a general rule, we do not collect your Personal Information without your consent, and upon collecting any of your Personal Information, we will clearly identify the purpose of use and disclosure of your Personal Information. Please understand that if you decline to provide us with your Personal Information, you will not be able to access or play the LODs Game.
Cyscorpions will only use your Personal Information for the purposes of use and disclosure identified to you. If Cyscorpions' use and disclosure of your Personal Information goes beyond that which was identified to you, Cyscorpions will notify you of such use and disclosure.
Cyscorpions may disclose your Personal Information to third parties only in the following circumstances:
• Upon receiving prior consent from you for disclosure to a third party;
• To deliver to you any invoices or documents related to your purchase of Virtual Items or Virtual Currency (defined below) in the LODs Game;
• To provide you with answers to your inquiries or customer service for the LODs Game;
or
• To comply with any laws, regulations, or rules.

Cyscorpions may send you important notices with regard to the LODs Game, such as changes to these Terms or Rules, or to recommend certain products which we believe may be of interest to you.

Cyscorpions may disclose information about you to law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal processes (including but not limited to subpoenas), to protect the property and rights of Cyscorpions or a third party, to protect the safety of the public or any person or to prevent or stop activity we may consider to be or to pose a risk of being, any illegal, unethical or legally actionable activity.
Under another special set of circumstances, for example, in connection with a merger, acquisition, reorganization or sale of assets, or in the event of bankruptcy, we may sell, transfer or otherwise share some or all of Cyscorpions' assets, including your Personal Information.

The LODs Game is not intended for children, and we do not knowingly collect any Personal Information from children. If we discover that we have inadvertently collected Personal Information from children, we will take all reasonable measures to erase such information from our systems and records as soon as possible.

Cyscorpions takes your privacy very seriously and employs administrative, physical and electronic measures to safeguard your Personal Information from identity theft and unauthorized access. We do not and will not, at any time, request your credit card information, your Gamer ID, login password or national identification numbers in a non-secure or unsolicited communication (e.g. via e-mail, telephone, mobile device).

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Cyscorpions' appropriate website in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

California Civil Code Section 1798.83 permits customers of Cyscorpions who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. If you are a California resident and have provided Cyscorpions with Personal Information within the last year, you may make such a request by emailing us at the following email address with the email’s subject titled as “California Privacy Rights”: [support-lods-en@cyscorpions.com]
Within 30 days of receiving such a request, we will provide a list of the categories of Personal Information disclosed to third parties for such third parties’ direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. A request may be made no more than once per calendar year and we are not required to respond to requests made by means other than through the email address above.
If you have any questions about Cyscorpions' Privacy Policy, please contact us at: [support-lods-en@cyscorpions.com]

4. Content

The following types of content will be made available to you through the LODs Game: “Cyscorpions Content” means Cyscorpions' and the LODs Game’s name, trademarks, logos, text, data, graphics, images, illustrations, forms, documents, marketing materials, look and feel attributes, or our licensors’ name, trademarks and logos, and other content made available by Cyscorpions on or through the LODs Game, but excluding User Content (as defined below). “User Content” means text, data, graphics, images, photos, and any other content uploaded, transmitted or submitted by you on or through the LODs Game.

5. Intellectual Property

The LODs Game and Cyscorpions Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Cyscorpions and our licensors exclusively own all right, title and interest in and to the LODs Game and Cyscorpions Content, including all associated intellectual property rights, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights (“Intellectual Property Rights”).
You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the LODs Game or Cyscorpions Content.

6. User License

Subject to your compliance with these Terms, Cyscorpions hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download and print, where applicable, the Cyscorpions Content and LODs Game solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the LODs Game or Cyscorpions Content, except only as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by Cyscorpions or its licensors, except for the licenses and rights expressly granted by these Terms.

7. User Content

By making available any User Content on or through the LODs Game, you hereby grant to Cyscorpions a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the LODs Game. Cyscorpions does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through our Services. Accordingly, you represent and warrant that:

• You either are the sole and exclusive owner of all User Content that you make available on or through our Services or you have all rights, licenses, consents and releases that are necessary to grant to Cyscorpions the rights in such User Content as contemplated under these Terms; and
• Neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Cyscorpions' use of the User Content (or any portion thereof) on, through or by means of our Services will infringe, misappropriate or violate a third party's Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

8. No Infringing Use

You will not use the LODs Game to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise infringes, violates, or promotes the infringement or violation of the Intellectual Property Rights of any third party.

9. Virtual Items and Virtual Currency

Cyscorpions owns, has licensed, or otherwise has the rights to use all Cyscorpions Content and the LODs Game, including virtual items (“Virtual Items”) and virtual currency such as “gold” (“Virtual Currency”).

Virtual Items and Virtual Currency are provided solely for your personal and entertainment use, they may only be used in the LODs Game, and they have no “real world” value. By purchasing or receiving Virtual Items and Virtual Currency, all that you receive is a limited license to use them in the LODs Game by these Terms or such other terms as may apply; Virtual Items and Virtual Currency are not your personal property and no ownership interest in them is transferred to you.

The prices for and the amounts and kinds of Virtual Items and Virtual Currency available may be changed at any time without notice. Virtual Items and Virtual Currency that you receive may also be changed or discontinued at any time without notice.

You cannot sell or transfer, or attempt to sell or transfer, Virtual Items or Virtual Currency, except only that where allowed you can exchange, within the LODs Game, those Virtual Items and Virtual Currency that cannot be purchased with “real world” money (“Tradable Items”) for any other Player’s Tradable Items so long as no money or anything of monetary value is paid or given for Tradable Items; any other purported or attempted exchange is strictly prohibited.

Virtual Items and Virtual Currency may never be redeemed by you for “real world” money, goods, wares, merchandise, services, or anything of monetary value from Cyscorpions or any other person.

You are solely responsible for any payments of Virtual Items and Virtual Currency made through a third-party digital media distribution service (“Third-Party Distributor”), and any claims, demands, or complaints made against a Third-Party Distributor shall be resolved between you and such Third-Party Distributor. Cyscorpions will not be liable for any claims, demands, or complaints you make against a Third-Party Distributor.

10. Orders and Payment

You agree that if you are under the age of 18 or whatever is the age of legal majority where you access the LODs Game, you may make payments only with the involvement of your legal guardian, and you represent that your legal guardian has read, understood, and agreed to these Terms.

You may purchase, with “real world” money, limited licenses to use Virtual Items or Virtual Currency from Cyscorpions in accordance with these Terms, and you agree that all such purchases are final. If you order licenses for Virtual Items or Virtual Currency from Cyscorpions that become unavailable before they can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor of the transaction.

Your orders for limited licenses to Virtual Items or Virtual Currency are offers for use of those Virtual Items or Virtual Currency, and if accepted those Virtual Items or Virtual Currency will be immediately downloaded to your Gamer ID.

You expressly consent to the making available of Virtual Items and Virtual Currency immediately upon acceptance of your order. You understand and agree that Cyscorpions provides no refunds for any purchases except only as expressly stated in these Terms.

11. Taxes

You are responsible and will pay all fees and applicable taxes incurred by you or anyone using the Gamer ID registered to you.

12. Mobile Operating Software Providers and Third-Party Publishers

Providers of operating software for mobile devices (“OS Providers”) offer virtual storefronts and marketplaces for you to browse, locate and download, among other things, mobile applications. If you download the LODs Game from a virtual storefront or marketplace operated by your OS Provider, please note that, in addition to complying with these Terms (and the terms and conditions of any applicable third-party publisher), you must also comply with the terms and conditions of such virtual storefront or marketplace, such, as for example, Apple’s iTunes market.

13. Interactions between Players

You are solely responsible for your interactions (including any disputes) with other Players. Even if we choose to offer report user, block user, or similar features on the LODs Game, you will remain solely responsible for, and you must exercise caution, discretion, common sense and judgment in, using the LODs Game and disclosing personal information to other Players. You agree to take reasonable precautions in all interactions with other Players, particularly if you decide to contact or meet another Player offline, or in person. Your use of the LODs Game, Cyscorpions Content, User Content and any other content made available through the LODs Game is at your sole risk and discretion and Cyscorpions hereby disclaims any and all liability to you or any third party relating thereto. Cyscorpions reserves the right to contact Players, in compliance with applicable law, in order to evaluate compliance with these Terms and any other applicable Rules. You will cooperate fully with Cyscorpions to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized Cyscorpions representatives access to any password-protected portions of gamer ID.

14. General Prohibitions

You agree not to do any of the following while playing the LODs Game or using the Cyscorpions Content or User Content:

• Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:
➢ infringes, misappropriates or violates a third party's Intellectual Property Rights, or rights of publicity or privacy;
➢ violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
➢ is fraudulent, false, misleading or deceptive;
➢ is defamatory, obscene, pornographic, vulgar or offensive;
➢ promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
➢ is violent or threatening or promotes violence or actions that are threatening to any other person;
➢ impersonates any employee, executive, or customer service support employee of Cyscorpions;
➢ promotes illegal, harmful, or inappropriate activities or substances (including but not limited to activities that promote or provide instructional information regarding gambling, solicitation for sexual activities or dating, providing alcohol to minors, or the manufacture or purchase of illegal weapons, drugs, or substances).
• Use, display, mirror, frame or utilize framing techniques to enclose the LODs Game, or any individual element or materials within the LODs Game, Cyscorpions Content, or Cyscorpions licensors’ trademarks, logos or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Cyscorpions' express written consent;
• Access, tamper with, or use non-public areas of the LODs Game, Cyscorpions' computer systems, or the technical delivery systems of Cyscorpions' providers;
• Attempt to probe, scan, or test the vulnerability of any Cyscorpions system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Cyscorpions or any of Cyscorpions' providers or any other third party (including another Player) to protect the LODs Game or Cyscorpions Content;
• Attempt to access or search the LODs Game or Cyscorpions Content, or download the LODs Game or Cyscorpions Content in the LODs Game, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Cyscorpions or other generally available third-party web browsers (such as Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, Apple Safari or Opera);
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing Cyscorpions Content or Cyscorpions licensor’s trademark, logo URL or product name without Cyscorpions' express written consent; • Use the LODs Game or Cyscorpions Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way the LODs Game or Cyscorpions Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the LODs Game or Cyscorpions Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the LODs Game;
• Collect, store, or disclose any Personal Information of other Players from the LODs Game, or from other Players, without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation;
• Post User Content or take any action that infringes or violates the rights of another Player;
• Bully, harass or intimidate any Player;
• Solicit Player passwords from another Player or collect User Content or otherwise access the LODs Game by automated means including but not limited to, bots, robots, spiders;
• Create a Gamer ID for anyone other than yourself;
• Use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other Players, or modify or interfere with the LODs Game;
• Abuse or exploit a bug, glitch or mechanism in the LODs Game;
• Engage in any fraudulent behavior, including but not limited to credit card scams or credit card misappropriation; or
• Encourage or enable any other individual to do any of the foregoing.

Cyscorpions will have the right to investigate and prosecute violations of any of the above, including Intellectual Property Rights infringement and LODs Game security issues, to the fullest extent of the law. Cyscorpions may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

You acknowledge that Cyscorpions has no obligation to monitor or record your access to or playing of the LODs Game or Cyscorpions Content, or to monitor, record, or edit any User Content, but agree that we have the right to do so for the purpose of operating the LODs Game, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You acknowledge and agree that you have no expectation of privacy concerning uploads, transmissions, or submissions of any User Content. Cyscorpions reserves the right, at any time and without prior notice, to remove or disable access to any User Content that Cyscorpions, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the LODs Game.

We encourage Players to report any suspected misconduct or misuse of the LODs Game by sending us an email to [support-lods-en@cyscorpions.com]

For additional details concerning our Policy on Cheating and Abuse, please refer to this page.

15. Sweepstakes and Contests

Cyscorpions may permit the offer of sweepstakes, contests and similar promotions (collectively, “Promotions”) through the LODs Game. You should carefully review the rules of each Promotion in which you participate through the LODs Game, as they may contain additional important information about Cyscorpions' rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules will control.

16. Transfer of user data

When you intend to transfer your data concerning about LODs Game (including, but not limited to, User Contents, Virtual Items and Virtual Currency) to LODs Game on another mobile devices or to reinstalled LODs Game, you shall take the procedure specified by Cyscorpions and create or acquire a password needed for such transfer.
Such transfer shall be limited between LODs Games on the same platform. Except in the case that the transfer is done by legitimate function of LODs Game, you may not transfer any your data (including, but not limited to, User Contents, Virtual Items and Virtual Currency) to LODs Game on another platform.

17. Termination of Gamer ID

Without limiting other remedies, Cyscorpions may at any time suspend or terminate your Gamer ID and refuse to provide you access to the LODs Game if Cyscorpions suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (i) failed to comply with any provision of these Terms or any policies or Rules established by Cyscorpions; (ii) engaged in actions relating to or in the course of playing the LODs Game that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, other Players, Cyscorpions or any other third parties or the LODs Game; or (iii) infringed the proprietary rights, rights of privacy, or Intellectual Property Rights of any person, including as a repeat infringer. In addition, Cyscorpions may notify authorities or take any other actions it deems appropriate, without notice to you, in the event of any of the above.

You may terminate your Gamer ID at any time and for any reason by sending an email to [support-lods-en@cyscorpions.com].

18. Effects of Termination, Suspension of Gamer ID

Upon termination of your Gamer ID for any reason by you or us, you will lose all access to such ID. Terminated Gamer IDs cannot be reinstated; any Gamer ID that may be registered by you after termination of a Gamer ID is a unique ID.

If your Gamer ID is terminated for any reason by you or us, you understand and agree that any Virtual Items to which you had access via your Gamer ID at the time of termination will be lost and no longer be available to you, and you will have no right to them.

If your Gamer ID is terminated for any reason by you or us, you understand and agree that Cyscorpions may redeem and use the Virtual Currency in the Gamer ID at the time of termination for any purpose that it may choose, and that on termination you will have no right to that Virtual Currency.

In addition, if your Gamer ID is not used to play the LODs Game for a period of 3 years (“Inactive Gamer ID”), you understand and agree that (i) Cyscorpions may redeem and use the Virtual Currency in the Inactive Gamer ID at such time for any purpose that it may choose, and that on the account becoming an Inactive Gamer ID you will have no right to that Virtual Currency; and (ii) any Virtual Items to which you had access via the Inactive Gamer ID up to the ID becoming an Inactive Gamer ID will be lost and no longer be available to you, and you will have no right to them.

YOU AGREE THAT CYSCORPIONS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS OR VIRTUAL CURRENCY IN AN INACTIVE GAMER ID OR THAT WAS IN A TERMINATED GAMER ID, NO MATTER HOW EITHER CAME ABOUT.

After any termination, you understand and acknowledge that we will have no further obligation to provide the LODs Game and all licenses and other rights granted to you by these Terms will immediately cease. Cyscorpions will not be liable to you or any third party for termination of the Gamer ID or termination of your use of the LODs Game. UPON ANY TERMINATION OR SUSPENSION OF YOUR GAMER ID, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE LODS GAME OR THAT WHICH IS RELATED TO YOUR GAMER ID MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Cyscorpions will have no obligation to maintain any information stored in our database related to your Gamer ID or to forward any information to you or any third party.

Any suspension, termination or cancellation will not affect your obligations to Cyscorpions under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

19. Disclaimers

THE LODS GAME, CYSCORPIONS CONTENT, AND USER CONTENT ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CYSCORPIONS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

CYSCORPIONS MAKES NO WARRANTY THAT THE LODS GAME, CYSCORPIONS CONTENT OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CYSCORPIONS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE LODS GAME OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE LODS GAME.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CYSCORPIONS OR THROUGH THE LODS GAME, CYSCORPIONS CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

20. Indemnity

You agree to defend, indemnify, and hold Cyscorpions, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content you submit to Cyscorpions, your access to and playing of the LODs Game or Cyscorpions Content, or your violation of these Terms.

21. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND PLAYING OF THE LODS GAME, CYSCORPIONS CONTENT, AND USER CONTENT THEREIN REMAINS WITH YOU. NEITHER CYSCORPIONS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE LODS GAME OR CYSCORPIONS CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE LODS GAME OR CYSCORPIONS CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CYSCORPIONS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU SPECIFICALLY ACKNOWLEDGE THAT CYSCORPIONS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL CYSCORPIONS' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE LODS GAME OR CYSCORPIONS CONTENT OR USER CONTENT THEREIN OR PROVIDED THEREBY EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CYSCORPIONS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

22. Trademarks & Other Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Cyscorpions or our licensors used in association with the LODs Game are trademarks or registered trademarks of Cyscorpions or our licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the respective owners of same.

23. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in San Francisco, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

24. Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Cyscorpions and you regarding the LODs Game and Cyscorpions Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Cyscorpions and you regarding the LODs Game and Cyscorpions Content.

25. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Cyscorpions' prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Cyscorpions may freely assign these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

26. Notices

You consent to the use of: (i) electronic means to complete these Terms and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms or your use of the LODs Game. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (x) by Cyscorpions via email (in each case to the address that you provide) or (y) by posting on or through the LODs Game. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

27. General

The failure of Cyscorpions to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cyscorpions. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You agree that (i) these Terms are intended to cover any third-party publisher who is an affiliate of Cyscorpions (“Affiliate Publisher”); (ii) your obligations to Cyscorpions under these Terms extend to Affiliate Publishers as applicable unless otherwise agreed under any third-party terms with any such Affiliate Publisher; and (iii) Affiliate Publishers are third party beneficiaries under these Terms who may rely on and directly enforce these Terms against you as such.

28. Language

The controlling language of these Terms is English; any provided translation of these Terms is for purposes of convenience only and the English version shall govern to the extent of any inconsistency.

29. Contacting Us

If you have any questions about these Terms, please contact Cyscorpions at [support-lods-en@cyscorpions.com].

    Update history of the Terms of Use:
  • 2013/12/10 *ET A link concerning our Policy on Cheating and Abuse was added to #14
  • 2017/06/01 *ET Provided a new Terms of Use from Cyscorpions

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