ChangYou.com (US), Inc.
CAPACITY TO ACCEPT THE AGREEMENT
We caution you that certain portions of the Website and/or Service may contain mature content not suitable for minors. You must confirm that you are at least 18 years of age when accessing such adult content. By entering any part of the Website and/or Service which is intended for or is marked for mature audiences only, you certify that you are at least 18 years of age or the applicable age of majority in the jurisdiction in which you reside and have the legal right to access such content. We are not responsible in any way for your failure to accurately confirm your age per the terms.
After creating your Game Account, you must activate the Game Account within 35 calendar days by following the confirmation link in an email from us. CHANGYOU may delete all Game Accounts that have not been confirmed after the 35-day period. In addition, CHANGYOU may suspend or terminate in its sole discretion any activated Game Account that has been inactive for more than 12 months. CHANGYOU shall not be responsible in any way for suspending or terminating any inactive account.
Your Accounts are personal to you. Accounts are non-transferable and cannot be shared, borrowed or exchanged in any way. You may not select as your Accounts the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other users to believe you to be an employee of CHANGYOU, or which CHANGYOU deems in its discretion to be vulgar or otherwise offensive. You acknowledge and agree that CHANGYOU is not responsible for any claims, disputes or damages arising from such actions. CHANGYOU reserves the right to delete, or to change, any vulgar or otherwise offensive Accounts.
Notwithstanding the foregoing, you covenant that you shall be solely responsible for such User Content, including any fees, royalties, and/or damages resulting from any infringement of the rights of any third party. CHANGYOU reserves the right, but is not obligated, to remove or modify any User Content posted on any part of the Website or Service, for any reason or no reason with or without notice.
OWNERSHIP OF INTELLECTUAL PROPERTY
LICENSE GRANT AND CONDITIONS
Distribute, or publicly perform or display any content containing Intellectual Property, except when playing Games in the ordinary course;
Modify, alter, or otherwise make derivative uses of any materials containing Intellectual Property;
Use any data mining, robots or similar methods or devices in your use or access of the Service;
Download any portion of any materials containing Intellectual Property;
Reverse engineer any materials containing Intellectual Property, or otherwise attempt to derive source code from any software associated with the Games or the Service;
Use the Website, the Games, and the Service or the Intellectual Property for anything other than their intended purpose.
As further conditions to the license granted herein, you agree to refrain from any of the following actions during your use of the Website and the Service, including posting of any User Content:
Interrupting the Service or any servers and networks associated with the Service, or impeding the normal flow and function of game playing;
Impersonating or falsely representing your affiliation with any suspended user or any other person, any CHANGYOU officials, administrators, employees or agents;
Uploading, posting, or transmitting materials that contain unlawful, libelous, defamatory, obscene, sexually-explicit, indecent, or lewd content;
Uploading, posting, or transmitting materials that contain viruses, corrupted files, advertisement, promotions, junk mail, spam, chain letters, or any form of solicitation;
Uploading, posting, or transmitting materials that are harassing or threatening other users, or otherwise use vulgar, inflammatory, abusive language;
Uploading, posting, or transmitting materials that may infringe any trademark, copyright, trade secret, patent, or other intellectual property rights, privacy rights, or publicity rights of any party;
Collecting or distributing any personal contact, biographical, or financial information about, or personal communications with, other users;
Cheating or exploiting design errors to gain unfair advantage over other users (including without limitation stealing or otherwise unfairly obtaining game items and/or tokens);
Discussing disciplinary actions taken against you or other users; or
Otherwise impeding the enjoyment of the Website and the Service by other users.
You are also granted a limited, non-exclusive, revocable license to create a text hyperlink to the Website for noncommercial purposes, provided such link does not portray CHANGYOU or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult, illegal, or otherwise offensive material. This license may be revoked at any time, and is further conditioned upon your refraining from including in your hyperlink, either directly or through framing techniques, any of CHANGYOU's Intellectual Property and proprietary materials, including without limitation the CHANGYOU trademark and logo, and our designs, graphics and images.
CHANGYOU has sole discretion in determining whether a violation of the license conditions mentioned above has occurred, and in determining the appropriate user disciplinary action, which may include immediate suspension or termination of your Accounts or the license granted.
GAME ACCESS AND UPDATES
You will need to have appropriate third-party services, including hardware, software, and Internet connectivity, to access the Website and the Service. You acknowledge and agree that CHANGYOU is not responsible for any issues, including without limitation service interruptions and fee disputes, related to those third-party services.
From time to time, you may need to download, and we may patch or update certain features or versions of our Games. This process may involve the automatic update and installation of such features or versions of the Games on your computer. In addition, during the operations of the Games, our system may scan your computer and automatically install the recommended system settings. You hereby consent to, and waive further notice of, such installation on your computer. You also acknowledge that when you uninstall our Games or software from your computer, all data related to such Games or software may be lost, and you are responsible for storing any data that you intend to retain.
CHARGES AND CHARGEBACKS
CHANGYOU will not have access to or record any credit card or debit card information that you provide to a Third Party Payment Service. CHANGYOU is not responsible for any claims, disputes or damages arising from use or misuse of such information by any such Third Party Payment Service.
CHANGYOU owns or has rights to all contents that appear in the Games. You acknowledge and agree that you have no right to any such content, including but not limited to currency or virtual goods that appear or originate in the Games. CHANGYOU does not recognize any transfer of in-game virtual property executed outside of the game, or any “real world” sale, gift or trade of anything appears or originates in the Games. CHANGYOU is not responsible for, and shall not be liable for, any claims, disputes or damages arising from such actions. CHANGYOU is also not responsible for any claims, disputes or damages arising from Accounts and/or item stolen or from payment fraud.
Any chargeback claims are subject to our investigation and dispute through any forum. Only charges that, in CHANGYOU's sole determination, were a result of identity theft or fraud will be refunded. If your chargeback claim is deemed unreasonable or invalid, you agree to pay for all fees and costs arising from the disputed chargeback, including without limitation legal fees and expenses, damages, chargeback fees, and loss of profits.
THIRD PARTY CONTENT
The Website, the Games, and the Service may contain links to, or may be linked from, other web sites operated by third parties ("Third Party Sites"). CHANGYOU is not responsible for, and makes no representation or warranty with respect to, the quality, accuracy, nature and content of any Third Party Sites, including without limitation any changes, updates, or links contained therein (collectively, "Third Party Content"). CHANGYOU may run advertisements on or from Third Party Sites. However, the Third Party Sites and Third Party Content are neither under CHANGYOU's control, nor governed by our terms and policies. Your business dealings with such third parties are solely between you and such third party, and CHANGYOU is not liable for any loss or damage of any sort as a result of any such dealings. CHANGYOU is providing links to these Third Party Sites only as a convenience to you, and their inclusion on our Website does not imply endorsement by us of the Third Party Sites or Third Party Content, or any association with their operators.
You shall not access or attempt to access the Website, the Games, or the Service through third-party tools such as server emulators, 'bots,' and/or any other hardware or software that would (i) allow anyone else or any non-human tool to play the Games on your behalf, or (ii) impose a disproportionately large load on our networks, servers, or infrastructure.
SERVICE INTERRUPTION; TERMINATION
The Website and the Service may be interrupted or suspended from time to time due to maintenance, updates, blocked access, or other reasons beyond our control. Such interruptions may occur with or without prior notice. CHANGYOU may also suspend or terminate the Website and the Service at any time and at its sole discretion, with or without prior notice. You acknowledge and agree that CHANGYOU shall not be liable for any such interruption, suspension, termination or any other delay or failure to perform due to any reasons. You further acknowledge and agree that CHANGYOU has no obligation to refund any tokens or credits affected by such interruption, suspension and/or termination. You also acknowledge and agree that CHANGYOU is not responsible for any losses due to any suspension and/or termination of service.
We may take disciplinary actions against you for any user violations. Such disciplinary actions may, in our sole discretion and determination, involve warnings, penalties, suspension or termination of your Account activity and/or Account. In addition, if any amount is debited from any CHANGYOU's merchant account with any Third-Party Payment Service due to a chargeback claim with respect to any purchase of tokens or prepaid game card, we may, in our sole discretion, suspend or terminate any or all Account activities and/or Account(s) of the user(s) who purchased such tokens or prepaid game card. Notwithstanding the foregoing, you acknowledge and agree that we have the right to suspend or terminate your Account at any time for any reason, with or without warning or notice.
OFFICIAL SERVICE AND TESTING
The Games are designed for play only as offered through our Website. You agree not to access, create or provide any other means through which the Games may be played by others, such as through sever emulators, which are not authorized by CHANGYOU.
In some tests such as an alpha or pre-closed beta test (a "Test"), we may create a Game Account and Password for you. Unless otherwise instructed, you are responsible for changing the password immediately after you receive it and for all risks associated with its use. You agree that you will abide by all regulations in the above "user accounts".
In addition, during the operation of the Games, our system may scan your computer and automatically install the recommended system settings. You hereby consent to, and waive further notice of, such installation on your computer. You also acknowledge that when you uninstall our Games or software from your computer, all data related to such Games or software may be lost, and you are responsible for storing any data that you intend to retain.
You may have the opportunity to preview non-public new games and features in a Test solely for the purpose of evaluating the games and identifying errors. You acknowledge that these new games and features are provided for testing "as is" and may contain known or unknown bugs, may not operate properly, may interfere with other software applications, and may cause loss of data or other problems. CHANGYOU makes no warranty to you of any kind, express or implied, with respect to any such games and features. You understand that CHANGYOU has no obligations to provide such games and features to you in the future, and that any tokens, characters or status you achieved during the Test may be erased and reset at any time.
You acknowledge and agree that all Tests and all information about the games, features, and other elements involved in the Tests, including without limitation any comments, ideas or other feedback (collectively the "Feedback") you may provide to us, are confidential (the "Confidential Information"). You agree that the Confidential Information will be used by yourself and for the purpose stated above only, and you agree to use all reasonable steps to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person or from falling into the public domain. All Confidential Information shall remain the sole property of CHANGYOU, and we may use such Confidential Information for any purpose without any obligation to you. You agree that breach of the above confidentiality obligations will cause irreparable harm to us, and CHANGYOU is entitled to (in addition to any other remedies available to it) ex parte injunctive relief, without posting a bond, to prevent the breach or threatened breach of your obligations. Your confidential obligations shall continue until CHANGYOU publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games, features and content that you are testing.
CHANGYOU AND/OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS MAKE NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, AND ANY ERROR- OR VIRUS-FREE ENVIRONMENT OF THE WEBSITE AND THE SERVICE, AND ALL INFORMATION, SOFTWARE, AND MATERIALS CONTAINED THEREIN, WHICH ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHANGYOU AND/OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH WEBSITE, SERVICE AND ALL INFORMATION, SOFTWARE, AND MATERIALS CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
DIGITAL MILLENNIUM COPYRIGHT ACT
Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide the following information to CHANGYOU:
an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;identification of the copyrighted work that you claim to have been infringed, or, if multiple copyrighted works are covered by your notice, a representative list of such works;
identification of the content that you claim 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 CHANGYOU to locate the content;
your name, address, telephone number, and E-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.
Please send such notice to:
ChangYou.com (US), Inc.
2700 Augustine Dr. Suite 165
Santa Clara, CA 95054
CHANGYOU will take reasonable steps to promptly notify the user whose submission was removed or disabled that CHANGYOU has removed or disabled access to such content.
If you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have sufficient authorization from the copyright owner, from the copyright owner's agent, or pursuant to applicable law, to post and use the content in your user submission, you may send a counter-notice containing the following information to CHANGYOU:
- your electronic or physical signature;
- a description of the content that has been removed or to which access has been disabled;
- identification of the location at which the content appeared before it was removed or access to it was disabled;
- your name, address, telephone number, and E-mail address;
- a statement by you that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which CHANGYOU may be found, and that you will accept service of process from the person who provided notification of claimed infringement or an agent of such person; and
Please send such notice to:
ChangYou.com (US), Inc.
2700 Augustine Dr. Suite 165
Santa Clara, CA 95054
If a counter-notice is received by CHANGYOU, CHANGYOU may send a copy of the counter-notice to the original complaining party informing that person that CHANGYOU may restore the removed content or cease disabling access to it in 10 business days. Unless the copyright owner files an action seeking a court order against the member or user, CHANGYOU may replace the removed content and cease disabling access to it in not less than 10, nor more than 14, business days after receipt of the counter-notice.
Last Updated on May 25, 2011