TERMS OF SERVICE
This Web site (referred to as "E-Games Portal") is offered to you, the user, by
IP Interactive conditioned on your acceptance, without modification, of the terms,
conditions, policies and notices contained herein. Your use of E-Games Portal constitutes
your agreement to all such terms, conditions, policies and notices (the "Agreement").
IP Interactive may change, add or remove any part of this Agreement, or any other
terms associated with the use of E-Games Portal, at any time, by posting a notice
of such changes on the E-Games Portal. Any changes shall become part of the Agreement
and shall apply as soon as such a notice is posted. By continuing to use E-Games
Portal after the notice is posted, you are indicating your acceptance of those changes.
E-Games Portal is only for your personal use. You may not sell or exchange anything
you copy from E-Games Portal or use it for any business or commercial purpose. As
long as you comply with the terms of this Agreement, IP Interactive grants you a
non-exclusive, non-transferable, limited right to enter, use, perform and display
E-Games Portal. You agree not to intentionally or unintentionally interrupt or attempt
to interrupt the operation of E-Games Portal in any way.
E-Games Communication Features
E-Games Portal's communication features (e.g., Message Boards) are free services
provided to members of E-Games Portal; other or similar communication features (e.g.
in game chat, game related message boards and/or community areas) are services provided
to some or all paying subscribers to certain games (collectively, "IP Interactive
Communication Features"). By using any of IP Interactive Communication Features,
you agree to be bound by IP Interactive Privacy Policy as well as the following
terms and conditions. If you do not wish to be so bound, then please do not use
any IP Interactive Feature.
You understand that anything sent through or appearing in IP Interactive Communication
Features are the sole responsibility of those persons posting the message. This
means that you, and not IP Interactive, are entirely responsible for all information
and material that you post there.
IP Interactive has adopted and implemented a policy respecting the copyright law
that provides for the termination in appropriate circumstances of users of the IP
Interactive system or network who are repeat infringers. IP Interactive may terminate
access for content providers or forum participants (e.g., Message Boards) who are
found repeatedly to provide or post protected material without necessary rights
and permissions. IP Interactive does not control the content of any postings in
IP Interactive Features and does not guarantee the accuracy, integrity or quality
of anything within them. You understand that by using IP Interactive Communication
Features, you may be exposed to content that is offensive, indecent or objectionable.
Under no circumstances will IP Interactive be liable for any errors or omissions
in any postings or for any loss or damages of any kind incurred as a result of the
use of any information contained within IP Interactive Communication Features. IP
Interactive retains the right to terminate E-Games Portal membership and/or game
subscription of any E-Games Portal member who violates the following Rules of Conduct.
Please carefully review IP Interactive policies concerning (i) submission of creative
ideas, suggestions and materials, (ii) fan fiction and/or artwork, and (iii) uploading
of photographs, located in Section 5 of E-Games Portal's General Terms and Conditions.
I. Rules of Conduct
You agree not to do any of the following while on E-Games Portal or in any IP Interactive
Communication Feature: transmit any message, information, data, text, software or
graphic files, or other materials ("Content") that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, that may be
invasive of another's right of privacy or publicity, hateful, racially, ethnically
or otherwise objectionable; impersonate any person or entity, including but not
limited to, an E-Games Portal official, forum administrator, staff and non staff
moderators, guide or host or falsely state or otherwise misrepresent your affiliation
with a person or entity; post or transmit any Content that you do not have a right
to transmit under any law or under contractual or fiduciary relationships (such
as nondisclosure agreements); post or transmit any Content that contains a virus
or corrupted data; delete any author attributions, legal notices or proprietary
designations or labels that you upload to an IP Interactive Communication Feature;
use an IP Interactive Communication Feature in a manner that adversely affects the
availability of its resources to other users (e.g., excessive shouting [use of all
caps], flooding [continuous posting of repetitive text] or excessively large embedded
images); post or transmit any unsolicited advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
intentionally or unintentionally violate any applicable local, state, national or
international law, rule or regulation; and upload or transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party.
By submitting (e.g., uploading or transmitting) Content to an IP Interactive Communication
Feature, you automatically grant IP Interactive the royalty-free, perpetual, irrevocable,
non-exclusive, and fully sub-licensable right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, perform and
display such Content (in whole or part) worldwide and/or to incorporate it in other
works in any form, media, or technology now known or later developed. In addition,
you warrant that any and all so-called "moral rights" in the Content have been waived.
IP Interactive and its designees shall have the right, but not the obligation, in
their sole discretion to edit, refuse to post, or remove any Content posted in any
IP Interactive Communication Feature. Without limiting the foregoing, IP Interactive
and its designees shall have the right to remove any Content that is in violation
of the provisions hereof or otherwise objectionable. You agree to indemnify and
hold IP Interactive harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your violation of these terms
and conditions or your violation of any rights of another.
II. Links
The Message Boards may provide and users may include in messages, links to other
Web sites or resources. IP Interactive is not responsible for the availability of
such external sites or resources, and does not endorse and is not responsible or
liable for any content, advertising, products, or other materials on or available
from such sites or resources. IP Interactive shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such content, goods or services
available on such external sites or resources.
GENERAL TERMS AND CONDITIONS
1. Fee-Based E-Games Portal Games
Some contents and/or services on E-Games Portal may be offered to you on a fee basis.
If you elect to purchase fee-based content and/or services and transmit to IP Interactive
a purchase request, you warrant that your use of the particular credit card is authorized
and that all information that you submit is true and accurate (including, without
limitation, your credit card number and expiration date), and you agree to pay all
fees you incur. Any account name and password supplied to you in connection with
fee-based content and/or service you purchase is personal to you and the members
of your household, and you may not transfer or make available your account name
and password to others, including, without limitation, your co-workers. Any distribution
by you of such account name and password may result in cancellation of the fee-based
content and/or service without refund and in additional charges based on unauthorized
use.
You understand that online games, and system specifications necessary to play those
games, may continuously evolve over time. Accordingly, IP Interactive reserves the
right to modify and/or increase the system specifications necessary to play any
online game - whether free or subscription based - at any time and without notice.
2. Copyright and Trademark Notices
All contents of this E-Games Portal are: Copyright 2003-2004 IP Interactive and/or
its parent and affiliated companies (the "IP Interactive Family") and/or its suppliers.
All rights reserved. The E-Games Portal is for the personal, non-commercial use
of users. IP Interactive and the IP Interactive logo are registered trademarks of
IP Interactive. The E-Games Portal and its logo are trademarks or service marks
of IP Interactive. All other product and company names appearing on the E-Games
Portal are the trade names, trademarks or registered trademarks of their respective
owners.
3. Intellectual Property
E-Games Portal, including, without limitation, all IP Interactive Communication
Features, contains copyrighted material, trademarks and other proprietary information
including, without limitation, text, software, photographs, video, graphics, music
and sound, and the entire contents of E-Games Portal and each area contained therein
are copyrighted as a collective work under the Philippines copyright laws. IP Interactive
owns a copyright in the selection, coordination, arrangement and enhancement of
such content. You may not modify, publish, transmit, participate in the transfer
or sale, create derivative works, or in any way exploit, any of the content contained
on E-Games Portal (including, without limitation, content that E-Games Portal enables
you to download) without the express written permission of IP Interactive and the
copyright owner. In the event of any permitted copying, redistribution or publication
of copyrighted material, no changes in or deletion of author attribution, trademark,
legend or copyright notice shall be made. The downloading of copyrighted material
from E-Games Portal is allowed by you only for your own use. You acknowledge that
IP Interactive and/or third-party content providers remain the owners of all materials
posted on E-Games Portal, and that you do not acquire any of those ownership rights
by downloading copyrighted materials.
Solely in connection with your fansite or your fansite pages dedicated to the IP
Interactive games we can grant you, on a non-exclusive basis, permission to reproduce
and redistribute on the fansite to end users, certain IP Interactive game-related
images, graphics or artwork (the "IP Interactive Content") and certain IP Interactive
trademarks and logos (the "IP Interactive Marks") that IP Interactive may expressly
designate "for fansite use" on fansite pages at www.E-Games.com.ph or its associated
game sites, so long as you comply with the terms and conditions described here and
on the fansite pages, as those terms and conditions may be modified from time to
time in IP Interactive sole discretion.
As the operator of an independent, unaffiliated web site, you will have sole editorial
control over the fansite, except that you represent and warrant to IP Interactive
that the fansite will not post material that is illegal or infringes on the rights
of third parties or harms the reputation of the Game, IP Interactive, its parent
or affiliate companies, or its officers or employees. If at any time you post such
disparaging material, or material that is illegal or infringes upon the rights of
any third party, IP Interactive may terminate this permission. Your ownership in
the fansite excludes the IP Interactive Content and IP Interactive Marks and excludes
any derivative works based upon or including the IP Interactive Content and/or IP
Interactive Marks.
You agree to include IP Interactive trademark, copyright or other proprietary rights
notices, as provided on the fansite page for the IP Interactive Game referenced,
when displaying IP Interactive Content or IP Interactive Marks, and agree to comply
with usage guidelines that may be provided by IP Interactive from time to time.
You shall not remove or alter any identifying information or copyright management
information conveyed in connection with copies of IP Interactive Content or Marks,
including in digital form; nor challenge IP Interactive ownership of the IP Interactive
Content or IP Interactive Marks, nor use or adopt any trademarks that might be confusingly
similar to such IP Interactive Marks.
IP Interactive reserves all rights, title and interest in and to the IP Interactive
Content and IP Interactive Marks which are not expressly granted. You shall not
rent, lease, reproduce, modify, translate or create derivative works of the IP Interactive
Content except as expressly permitted herein, nor create any derivative works (including
without limitation fiction or visual art) from, or in any way exploit, any of the
characters or content contained in the game or on E-Games Portal, without the express
written permission of IP Interactive.
IP Interactive does not consent to the protection under the copyright law of any
unauthorized derivative work. The creation and sale of merchandise based on the
game or upon IP Interactive Content or IP Interactive Marks is expressly prohibited.
If you intend to charge a subscription or access fee to generate revenue from the
Fansite, we would require you to execute a simple license agreement with us. The
limited permission granted here with respect to Fansite use of certain IP Interactive
Content and IP Interactive Marks does not cover such circumstances.
Fansites that quote an article or patch message from an IP Interactive site (such
as Knight Online or other game site associated with IP Interactive) are requested
to limit the quote to a paragraph or less and provide a link back to E-Games Portal
or associated game site for the full article or message, rather than reproducing
on the Fansite the entire patch message or article. Permission to link from the
fansite to E-Games Portal or the associated game site is granted in such circumstances.
Under no circumstances will IP Interactive be liable to you for any direct, indirect,
incidental, consequential, special or exemplary damages of any kind in connection
with this permission. IP Interactive reserves the right in its sole discretion to
expressly refuse this permission to any particular fansite, or to revoke this permission
at any time.
4. Notifications of Claimed Infringement and Policy on Repeat Infringers
Notifications of Claimed Infringement : Address: IP interactive: 34F RCBC tower
2 Sen. Gil Puyat Ave. cor. Ayala Ave., Makati City. Telephone Number: 8867821. Facsimile
Number: 8866510. Email Address: helpdesk@E-Games.com.ph
Policy on Repeat Infringers: IP Interactive has adopted and implemented a policy
respecting the copyright law that provides for the termination in appropriate circumstances
of users of IP Interactive online system or network who are repeat infringers. IP
Interactive may terminate access for content providers or forum participants (e.g.,
StationChat, Message Boards, pagers) who are found repeatedly to provide or post
protected material without necessary rights and permissions.
5. Submissions, Fan Fiction and Artwork, and Photographs
IP Interactive is pleased to hear from its customers and welcomes your comments
regarding IP Interactive online services. Unfortunately, however, IP Interactive
company policy does not allow it to accept or consider creative ideas, suggestions
or materials other than those it has specifically requested. We hope you will understand
that it is the intent of this policy to avoid the possibility of future misunderstandings
when projects developed by IP Interactive professional staff might seem to others
to be similar to their own creative work. Accordingly, we must, regretfully, ask
that you do not send us any original creative materials such as game ideas or original
artwork. While we do value your feedback on our services and products, we request
that you be specific in your comments on those services and products, and not submit
any creative ideas, suggestions or materials.
IP Interactive hereby grants to each e-Game account subscriber that is in good standing
and with the grant automatically revoked as of the moment that the subscriber's
account is no longer in good standing (an "e-Game Subscriber"), a limited, personal,
nonexclusive, nontransferable, non-assignable and fully revocable license to use
(a) the e-game name, and (b) trademarks and copyrighted material from E-Games including
characters names and images, deity and monster names and images, geographical names,
item names and images, character names and images, background art, and screenshots
containing any of the foregoing (collectively, "the IP Interactive Property"), solely
to be used for material (for example, so-called "fan fiction" and "fan artwork")
that the e-Game Subscriber posts to and/or transmits through IP Interactive Communication
Features ("Licensed Content") in accordance with these Terms of Service -- and for
no other use. Each e-Game Subscriber promises IP Interactive that any Licensed Content
that he or she provides shall comply in all respects with these Terms of Service.
Any and all creative suggestions, ideas, notes, drawings, concepts or other information
that you send to us, whether at our specific request or despite our request that
you not do so ("Submissions") and any and all Licensed Content shall be deemed,
and shall remain, the property of IP Interactive from the moment of creation. Accordingly,
IP Interactive shall exclusively own all now known or hereafter existing copyrights
and all other intellectual property rights to all Submissions and Licensed Content
of every kind and nature, in perpetuity, throughout the universe. To the extent
that any of the above may be void or unenforceable, you agree that any and all Submissions
and Licensed Content are hereby irrevocably assigned to IP Interactive, together
with all intellectual property rights therein. In any event, you agree that IP Interactive
shall be irrevocably entitled to, throughout the universe and in perpetuity, use,
reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate,
create derivative works from and distribute any Submission and/or Licensed Content
for any purpose whatsoever, commercial or otherwise, in any medium now known or
hereafter devised, without compensation or credit to the provider of the Submission
and/or Licensed Content. You also give up any claim that any use by IP Interactive
and/or its license (s) of any Submission and/or Licensed Content violates any of
your rights, including but not limited to moral rights, privacy rights, rights to
publicity, proprietary or other rights, and/or rights to credit for the material
or ideas set forth therein. If you provide any Submission or Licensed Content, you
promise that you are eighteen years of age or older; if you are under eighteen years
of age, you must first contact IP Interactive at helpdesk@E-Games.com.ph to obtain
an agreement for your parent or guardian to sign.
If you upload any photograph to or through any IP Interactive Communication Feature,
you (i) grant to IP Interactive the non-exclusive, worldwide right to use, post,
publish and display your photograph on E-Games Portal, without royalty or compensation
of any kind, (ii) expressly waive any and all rights of privacy, moral rights or
rights of attribution and integrity, in and with respect to the photograph, (iii)
promise that the photograph is either a picture of you or that duplication and distribution
of the photograph will not violate any right of or require any compensation to any
person or entity, (iv) promise that you are the copyright owner of the photograph
or have all rights necessary to authorize its unfettered use and distribution and
(v) promise that you are eighteen years of age or older. You understand that, once
your photograph is posted, anyone can download and/or distribute that photograph.
You expressly waive any and all claims you may have against IP Interactive and release
IP Interactive from any and all liability arising from or related to the submission
and IP Interactive or any third party's use of the photograph.
6. Software Available on the E-Games Portal
Any software that is made available to download from this E-Games Portal ("Software")
is the copyrighted work of IP Interactive and/or suppliers. Use of the Software
is governed by the terms of the end-user license agreement, if any, which accompanies
or is included with the Software ("License Agreement"). End users shall not install
or use any Software that is accompanied by or includes a License Agreement unless
the end user first agrees to the License Agreement terms. For any Software not accompanied
by a license agreement, the following shall constitute the License Agreement: IP
Interactive hereby grants to you, the user, a personal, non-transferable license
to use the Software for viewing and other use of this E-Games Portal in accordance
with these terms of use, and for no other purpose. Please note that all Software,
including, without limitation, all HTML code contained in this E-Games Portal, is
owned by IP Interactive and/or suppliers and is protected by copyright laws and
international treaty provisions. Any reproduction or redistribution of the Software
is expressly prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other
server or location for further reproduction or redistribution is expressly prohibited.
The software is warranted, if at all, only according to the Terms of the License
Agreement. Except as warranted in the License Agreement, IP Interactive hereby disclaims
all warranties and conditions with regard to the software, including all implied
warranties and conditions of merchantability, fitness for a particular purpose,
title and non-infringement.
7. Disclaimer of Liability
Neither IP Interactive, nor any person or entity involved in creating, producing
or distributing ant content or services contained on E-Games portal, nor any of
other their respective directors, officers, employees or agents, make any warranty
whatsoever, including, without limitation, that E-Games portal will be uninterrupted
or error free; nor do they make any warranty as to the results that may be obtained
from use of E-Games portal or as to the accuracy, reliability, quality or content
of any information, service or merchandise provided on or through E-Games portal,
including, without limitation, all IP Interactive communication features.
E-Games portal and all materials contained thereon are provided on an "as is " basis
without warranties of any kind, either express or implied, including, without limitation,
warranties of title or non-infringement or implied warranties of merchantability
or fitness for a particular purpose, other than those warranties which are incapable
of exclusion, restriction or modification under the laws applicable to this agreement.
Use of E-Games portal, including, without limitation, all communication features
of E-Games portal, is at your sole risk.
8. Limitation of Liability
The disclaimers of liability contained in this section 7 apply to any damages or
injury caused by any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communication line failure,
theft or destruction or unauthorized access to, alteration of, or use of E-Games
portal, whether for breach of contract, tortuous behavior, negligence, or under
any other cause of action.
In no event will IP Interactive or any person or entity involved in creating, producing
or distributing any content or services contained on E-Games portal, or any of their
respective directories, officers, employees or agents, be liable for (A) any direct,
indirect, special, incidental, or consequential damages arising out of or related
to (I) the use of or inability to use E-Games portal, (II) the breach of any representation
or warranty, (III) the use by you E-Games portal of any browser owned or operated
by any party and/or (IV) the downloading of any software owned or operated by any
third party, in connection with E-Games portal or (B) any indirect, special, incidental,
or consequential damages arising out of or related to E-Games portal, even if IP
Interactive was previously advised of the possibility of such damages.
In the event any claim relating to the performance or nonperformance by IP Interactive
pursuant to this agreement, or in any other way concerning E-Games portal, is made
by you, the actual damages to which you may be entitled shall be limited to RM100.
Neither IP Interactive endorsed or is responsible for the accuracy or reliability
of any opinion, advice or statement, nor for any offensive defamatory, obscene or
illegal posting or conduct, on E-Games portal, including, without limitation, all
communication features of E-Games portal, by anyone other than authorized IP Interactive
employees while acting in their official capacities. Under no circumstances will
IP Interactive or any person or entity involved in creating, producing or distributing
any content or services contained on E-Games portal, or any of their respective
directors, officers, employees, or agents, be liable for any loss or damage caused
by your reliance on information obtained on or through E-Games portal, including,
without limitation, all IP Interactive communication features. It is your responsibility
to evaluate the accuracy, completeness or usefulness of any information, opinion,
advice or other content available through E-Games portal, including, without limitation,
all communication features of E-Games portal. Please seek the advice of professionals,
as appropriate, regarding the evaluation of any specific information, opinion or
other content. Neither IP Interactive endorses, warrants or guarantees any product
or service offered by a third party through E-Games portal and neither IP Interactive
will be a party to or in any way monitor any transaction between you and third party
providers of products or services. As with the purchase of a product or service
through any medium or any environment, you should use your best judgment and exercise
caution where appropriate.
9. Notice
IP Interactive may give notice to you by means of a general notice on E-Games Portal,
electronic mail to your e-mail address on record in IP Interactive account information
(if you are an E-Games Portal Member), or by written communication sent by first
class mail, postage prepaid, or overnight courier to your address on record in IP
Interactive account information (if you are an E-Games Portal Member). You may give
notice to IP Interactive by electronic mail to helpdesk@E-Games.com.ph.
10. Termination
Either IP Interactive or you may terminate this Agreement at any time. Fees paid
for any subscription term or pay-per-use are paid in advance and are not refundable
in whole or in part.
You may terminate this Agreement at any time by not using E-Games Portal. We can
terminate the Agreement by asking you to stop using E-Games Portal, and, if necessary,
by preventing your access to E-Games Portal. Upon termination of this Agreement,
you shall have no further rights to use E-Games Portal or its services. Your only
right and remedy with respect to any dissatisfaction with E-Games Portal is to terminate
this Agreement, including, without limitation, any dissatisfaction with (i) any
terms and conditions of this Agreement, or any policy or practice of IP Interactive
in operating E-Games Portal, (ii) content available through E-Games Portal, or any
change therein, or (iii) the amount or type of fees or billing methods, or any change
thereof. Without limiting the foregoing, IP Interactive shall have the right to
terminate this Agreement with you, effective immediately, and/or terminate or temporarily
suspend your access to all or any part of E-Games Portal, without notice, in the
event of any conduct by you which IP Interactive, in its sole discretion, considers
to be unacceptable, or for conduct that IP Interactive believes is a violation of
the terms and conditions contained herein or any policies or guidelines posted by
IP Interactive on E-Games Portal, or for other conduct which IP Interactive believes,
in its sole discretion, is harmful to IP Interactive, other E-Games Portal Members
or other users of E-Games Portal. IP Interactive reserves the right to deny registration
of any individual as an E-Games Portal Member and to deny access to E-Games Portal
to any individual. All of the Sections of the General Terms and Conditions of this
Agreement survive termination of this Agreement.
11. Indemnification
You agree to indemnify and hold harmless IP Interactive and all of their respective
officers, directors, owners, agents, employees, information providers, affiliates,
licensors and licensees (collectively, "Indemnified Parties") from and against any
and all liability and costs including, without limitation, attorneys' fees and costs,
incurred by the Indemnified Parties in connection with any claim arising out of
(i) any breach by you of the Agreement or the foregoing representations, warranties
and covenants or (ii) your use of E-Games Portal, including, without limitation,
all IP Interactive Features.
12. Taxes
Where applicable, you may be required to report as taxable income the value of any
prizes received by you. To collect a prize, you will be required to provide a valid
Identity Card number and any other information reasonably required by IP Interactive.
IP Interactive and/or any sponsor who provides a particular prize may report the
value of the prize to the taxing authorities.
13. Miscellaneous
This Agreement constitutes the entire agreement between IP Interactive and you with
respect to the subject matter hereof, and supersedes all previous agreements between
the parties with respect to such subject matter, whether written or oral. This Agreement
shall be construed in accordance with the laws of Philippines. No waiver by either
party of any breach or default hereunder shall be deemed to be a waiver of any preceding
or subsequent breach or default. The section headings used herein are for convenience
only and shall not affect the interpretation of this Agreement. If any provision
of these terms shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these terms and shall not affect the validity
and enforceability of any remaining provisions.