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Gloot Terms of Use

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Terms & Condition – ‘GLOOT’ Gaming Account

 

GLOOT Gaming Account is a service of Oriented Games (“GLOOT”) and/or its third party licensors. All use of GLOOT Gaming Account is governed by the terms of use provided below ("Terms of Use"). The GLOOT Gaming Account is provided "as is" solely for use by end users to access gaming software products and services according to the terms of conditions contained herein. Any use of GLOOT Gaming Account not in accordance with these Terms of Use is expressly prohibited. The GLOOT Gaming Account (“GLOOT Gaming Account”) provided by to you by GLOOT, will allow you access to GLOOT Network and to participate in products and game services hosted by GLOOT or its affliated partners (“GLOOT Products & Services”) on such terms and conditions as may be prescribed by GLOOT from time to time.

1. Grant of License. GLOOT has granted, and by using your GLOOT Gaming Account, you have accepted, a limited, personal, non-exclusive license and right to use your GLOOT Gaming Account through either a home, work or portable computer. Subject to the foregoing Grant of License, you may not remove any proprietary notices or labels on the GLOOT Gaming Account without the prior consent, in writing, of GLOOT. GLOOT reserves the right for any reason to remove, without notice, any content received from users, including without limitation, bulletin board postings. GLOOT reserves the right to deny, at its sole discretion, any user access to yourGLOOT Gaming Account or any portion thereof without notice. By registering your Game Account and using the GLOOT Gaming Account Service, you agree to be bound by the terms and conditions of the GLOOT Gaming Account Terms & Conditions.

2.1 Registration Information and Obligations. In order to use the GLOOT Gaming Account Service provided by GLOOT, you shall register for a GLOOT Gaming Account (“Game Account”). In respect of such registration, you agree to: (a) provide true and complete information about yourself as prompted by GLOOT Gaming Account’s registration form (such information being “Registration Data”) and (b) maintsain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue not current or incomplete, or GLOOT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GLOOT has the right to suspend or terminate your account and refuse any and all current or future use of GLOOT Gaming Account (or any portion thereof). GLOOT is concerned about the safety and privacy of all its users, particularly children. For this reason, children who are under the age of 21, must obtain the consent of their parent or guardian. Further, parental consent is also required for access to all of the services on GLOOT Gaming Account.

2.2 You will receive a password and account designation upon completing the GLOOT Gaming Account's registration process. You are responsible for maintaining the confidentiality of the password and Game Account, and are fully responsible for all activities that occur under your password or Game Account. You agree to (a) immediately notify GLOOT of any unauthorized use of your password or Game Account or any other breach of security, and (b) ensure that you exit from your Game Account at the end of each session. GLOOT cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.2.

2.3 Registration Data and certain other information about you is subject to GLOOT’s Privacy Policy. For more full information, see our full privacy policy at http://www.gloot.net/privacy

3. Ownership. All title, ownership, and intellectual property rights in and to the GLOOT Gaming Account (including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the GLOOT Gaming Account, transcripts of the chat, member profile information, recordings of events on GLOOT Gaming Account) are owned by GLOOT and/or its third party licensors. All rights are reserved. GLOOT Gaming Account is protected by the copyright laws of the Republic of Singapore, international copyright treaties and conventions, and other laws. All rights are reserved. GLOOT Gaming Account may contain certain licensed materials, and GLOOT's licensors may protect their rights in the event of any violation of this Agreement.

4. Your Use of the Game Account.

A. You are entitled to use the GLOOT Gaming Account for your own personal use and shall comply with any term and/or condition of use of the Game Account and/or the GLOOT Gaming Account Service prescribed by GLOOT from time to time at any time, but you shall not be entitled to:

(i) sell or grant a security interest in or transfer reproductions of GLOOT Gaming Products & Services and/or the Game Accounts to any third party in any way, nor to rent, lease, or license GLOOT Gaming Products & Services and/or the Game Account to any third party without the prior written consent of GLOOT;

(ii) sell or grant a security interest in or GLOOT Gaming Products & Services game content such as in-game character items to other parties through outside game agents without the prior written consent of GLOOT;

(iii) copy, photocopy, reproduce, translate, reverse engineer, modify, disassemble, or de-compile in whole or in part any GLOOT Gaming Products & Services software;

(iv) create derivative works based on GLOOT Gaming Products & Services;

(v) host or provide matchmaking services for any GLOOT software programs or emulate or redirect the communication protocols used by GLOOT as part of GLOOT Gaming Products & Services, through protocol emulation, tunneling, modifying or adding components to the Program, use of a utility program, or any other technique now known or hereafter developed, for any purpose, including, but not limited to, network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks without the prior written consent of GLOOT or exploit GLOOT Gaming Products & Services or any of its parts for any purpose whatsoever, including but not limited to commercial purposes, such as without limitation, for use at a location such as a cyber cafe, arcade, or other location where users are charged a fee, whether hourly or otherwise, to use GLOOT Gaming Products & Services;

(vi) emulate or redirect the communication protocols used by GLOOT as part of GLOOT Gaming Products & Services, through protocol emulation, tunneling, modifying or adding components to the Program, use of a utility program, or any other technique now known or hereafter developed, for any purpose, including, running GLOOT Gaming Products & Services as part of content aggregation networks without the prior written consent of GLOOT or exploit GLOOT Gaming Products & Services or any of its parts for any purpose whatsoever, including but not limited to, commercial purposes, without limitation, for use at a location such as a cyber cafe, arcade, or other location where users are charged a fee, whether hourly or otherwise, to use GLOOT Gaming Products & Services;

(vii) use any third-party software to modify GLOOT Gaming Products & Services to change game play, including, but not limited to cheats and/or hacks;

(viii) use GLOOT's intellectual property rights contained in GLOOT Gaming Products & Services to create or provide any other means through which software products, may be played by others, including, but not limited to, server emulators;

(ix) institute attacks upon a GLOOT Gaming Products & Services server or otherwise disrupt any GLOOT Gaming services;

(x) harass, threaten, stalk, embarrass, or cause distress, unwanted attention or discomfort upon another user of GLOOT GamingProducts & Services or other person or entity within or outside of GLOOT Gaming Products & Services; cheat during gameplay, including but not limited to modification of the game program files, exploitation of GLOOT Gaming Products & Services or the Game Account;

(xi) transmit or post sexually explicit images or other content which in the sole discretion of GLOOT is deemed to be offensive; nor shall you transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically, or otherwise objectionable content;

(xii) carry out any action with a disruptive effect, such as, without limitation, causing the chat screen to "scroll" faster than other users are able to type to it;

(xiii) impersonate a GLOOT official or employee or GLOOT Gaming official volunteers or any other person;

(xiv) disrupt the normal flow of dialogue in chat or otherwise act in a manner that negatively affects other users, individuals, or entities, including, but not limited to, posting "Spam" messages in GLOOT Gaming Products & Services or on the GLOOT web forums. "Spam" messages as used herein include, but are not limited to any effort to use a computer or other electronic device to post an unauthorized and/or unsolicited advertisement within GLOOT Gaming Products & Services;

(xv) post or transmit chain letters, "cashbots," or pyramid schemes; post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals, or entities in GLOOT Gaming Products & Services or on the GLOOT web forums;
(xv)upload or otherwise make available any Content that infringes any patent, trademark, trade secret copyright or other proprietary rights or any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

(xvi) modify any file that GLOOT does not specifically authorize you to modify;

(xvii) "spam" by posting or sending more than one unsolicited message or piece of mail to a single address or in a chat area;

(xviii) create or maintain, under any circumstance, more than one simultaneous connection to GLOOT Gaming Products & Services. All such connections to GLOOT Gaming Products & Services, whether created by GLOOT software products or by other tools and utilities, may only be made through methods and means expressly approved by GLOOT . Under no circumstances may you connect or create tools that allow you to connect to GLOOT Gaming products’ private binary interface or interfaces other than those explicitly provided by GLOOT for public use;

(xix) enter into and/or promote gaming or wagering contracts and/or arrangements or intentionally or unintentionally violate any applicable local, state, national, or international law or regulation;

(xx) exploit GLOOT Gaming Products & Services, the Game Account or any of its parts, including, without limitation software bugs, for any purpose whatsoever; or

(xxi) engage in, participate in or encourage any behaviour, conduct, action, whether or not during game-play, as may be determined by GLOOT, to be detrimental to GLOOT Gaming Products & Services, the GLOOT Registration Service or the Game Account.

You agree and acknowledge that any breach of any term and/or condition of use set out this clause 4A shall not be rectifiable for the purposes of clause 8B(3)(iii) below.

B. In the event that you violate any of the terms and/or conditions set out at clause 4A and the sub-clauses thereunder, GLOOT may at its option and without notice to you :-

(i) temporarily suspend your GLOOT Gaming Account;

(ii) take any action that GLOOT deems appropriate; or
(iii) immediately terminate your GLOOT Gaming Account.

C. In the event that GLOOT is contacted by governmental authorities and/or parties seeking legal redress against you for a violation committed by you or alleged to have been committed by you involving your use of the GLOOT Gaming Account, GLOOT will cooperate fully with and all governmental authorities and any lawful orders of the court with regards to the release of information that relates to you and your use of the GLOOT Gaming Account, including, but not limited to, user Internet Protocol (IP) addresses, associated personal information, and all other user information on file.

5. Content Uploads via GLOOT Gaming Account. You may upload content via GLOOT Gaming Account in various forms, including, but not limited to, the GLOOT forums, GLOOT Gaming Products, in chat rooms, where available, and similar user-to-user areas (collectively, your "Content"). Your Content shall not:

(a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law or regulation;

(c) be defamatory, obscene, or pornographic; or

(d) contain any viruses, Trojan horses, cancelbots, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. GLOOT reserves the right to any legal remedies available to GLOOT with respect to your Content, including, but not limited to, termination of your use of the GLOOT Gaming Account if we believe your Content may create liability for GLOOT or may cause GLOOT to lose (in whole or in part) the services of our ISPs or other suppliers. You hereby grant to GLOOT a worldwide, perpetual, irrevocable, royalty-free, sub-licenseable (through multiple tiers) right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content.

6. Use of Your Content. GLOOT and/or subsidiaries or affiliates may gather, process, and use (and allow others to use) any and all information which you provide directly to GLOOT ("Content"), as well as information regarding the manner in which you use theGLOOT Gaming Account. You hereby grant to GLOOT a worldwide, perpetual, irrevocable, royalty-free, sub-licenseable (through multiple tiers) right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content.

7. Information found on GLOOT Gaming Account. GLOOT does not endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of the GLOOT Gaming Account. Any and all statements made in forums, conferences, or chats or during game play reflect only the views of their authors.

8. Termination.

A. Where you have obtained your Game Account for free, whether by way of BETA trial usage, promotions offered by GLOOT or any other marketing activity conducted by GLOOT from time to time, the following applies to you for such time as you are using the Game Account for free:-

Without prejudice to any right or remedy that GLOOT may have against you, you may terminate your Game Account at any time by destroying all materials obtained from GLOOT Gaming Account Service and GLOOT and all related documentation thereof. GLOOT reserves the right to terminate your Game Account without notice at GLOOT's sole discretion if you fail to comply with any term hereof, including, but not limited to, disruptive behavior, cheating, instituting attacks upon a GLOOT Gaming Account server, and any unlawful activity. It is the policy of GLOOT to co-operate fully in criminal investigations, including, but not limited to, and if permitted by local laws, tracing user Internet Protocol IP addresses and associated personal information, as well as sharing all other user information on file with the proper authorities upon request.

B. Where you have paid, promised to pay or are paying for your Game Account and/or use of the GLOOT Gaming Account Service, the following applies to you:-

(1) You may terminate your Game Account upon giving GLOOT one (1) month’s prior notice in writing, subject to (i) fulfillment of any minimum subscription term that may be imposed by GLOOT from time to time upon reasonable notice to you; and (ii) payment of all sums due and owing upon termination of your Game Account.

(2) Without prejudice to clause 4 above, GLOOT may terminate your Game Account or use of any GLOOT Gaming Products & Servicesby giving you two (2) weeks prior notice in writing.

(3) GLOOT may terminate your Game Account or use of any GLOOT Gaming Products & Services without the need for notice upon the occurrence of any of the following events :

(i) if any proceedings are commenced against you for liquidation, dissolution or bankruptcy and such proceedings are not discharged or discontinued within thirty (30) days of their commencement or if you become bankrupt or goes into liquidation either voluntarily or compulsorily; or

(ii) GLOOT is of the reasonable opinion that your activities have a detrimental effect on GLOOT, the GLOOT image, or the goodwill thereof and you have failed to cease such activity within seven days of receipt of a notice from GLOOT requiring cessation; or

(iii) in the event of breach of any of the terms herein and where such breach, if rectifiable, is not rectified within seven (7) days of receipt of a notice from GLOOT highlighting such breach.

(4) If your Gloot Gaming Account remains inactive for a period of two (2) years, since your last transaction, your Gloot Gaming Account and all points in the Account shall expire without further notice to you.

9. Charges and Payments.

9.1 You shall pay the Charges (as defined below) at the applicable rates as prescribed by GLOOT from time to time in such manner as may be made available by GLOOT from time to time. The Charges shall be payable at or within such time as prescribed by GLOOT from time to time. GLOOT may suspend or terminate any method of payment upon immediate notice. You are deemed to have knowledge of, and are agreeable to such rates upon your opening of your Game Account and/or continued usage of your Game Account and/or any GLOOT Gaming Products & Services. In the event of late payment by you of any sums due GLOOT shall have the right to charge interest on the outstanding amount at the rate of 12% per annum or such other rate as prescribed by GLOOT from time to time. “Charges” means all subscription and other recurring fees, usage, cancellation and administrative charges, and other fees or charges payable by you for or relating to the Game Account and/or any GLOOT Gaming Products & Services. Such Charges may be subject to other terms and conditions depending on your method of payment of the same.

10. Acknowledgments. You hereby acknowledge that

(i) You assume the cost of all telephone charges, necessary servicing, repair, or correction for connecting to any GLOOT GamingProducts & Services;

(ii) the materials in this site and/or service are provided "as is" and without warranties of any kind, either express or implied, including, but not limited to, warranties of accuracy, reliability, merchantability, fitness for a particular purpose, and non-infringement;

(iii) that as part of your registration process and in consideration for the privilege of accessing your GLOOT Gaming Account and if permitted by local laws GLOOT has the right to send your computer one or more "cookies" without any further notice to you (these cookies only retain your user preferences) and , GLOOT has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses, and operating systems for identification purposes;

(iv) that, if permitted by local law, GLOOT has the right to obtain "non-personal" data from your Internet browsing software in order to make certain demographic assumptions regarding the users of all GLOOT Gaming Products & Services without any further notice to you

(v) GLOOT does not warrant that GLOOT Gaming Account will be uninterrupted or error-free, that defects will be corrected, or that this site and/or service or the server are free of viruses or other harmful components;

(vi) you may not be able to access all GLOOT Gaming Products & Services whenever you want, and there may be extended periods of time where you cannot access the GLOOT Gaming Products & Services;

(vii) GLOOT shall not be held liable for any delay or failure to perform resulting from causes outside the reasonable control of GLOOT;

(viii) as GLOOT Gaming Products & Services may require electronic files, including, but not limited to, player characters, accounts, statistics, user profiles, weapons, armor, quests, and maps ("Online Data"), be stored on the GLOOT game servers for Your use when playing any GLOOT Gaming Products & Services, You hereby agree and acknowledge that GLOOT shall not have any liability to You for the loss of Online Data for any reason whatsoever, including, but not limited to, server failure, telephonic interruptions of any kind, defects, viruses or other harmful components, and negligent acts of GLOOT and/or its affiliates;

(ix) you may not use "Duplicated Characters" and/or "Duplicated Items" in any GLOOT Gaming Products & Services, including, but not limited to, weapons, armor, rings, amulets, stones, staves, etc., that were created by exploiting a slow connection or "lag," programming error, or any other manner that allows you to utilize "Duplicate Characters" and/or "Duplicated Items" on the GLOOT Gaming Products & Services. In the event that GLOOT discovers that you are utilizing such characters and/or items on any GLOOT Gaming Products & Services, you hereby acknowledge that GLOOT may, at its sole discretion, delete such characters and/or items from your Game Account;

(x) GLOOT reserves the right, at its sole discretion, to modify or delete any information, including, but not limited to, player characters, accounts, statistics, user profiles, and any other information accumulated or uploaded on any GLOOT Gaming Products &Services;

(xi) any accounts and their associated information and characters that are inactive for ninety (90) days will be deleted;

(xii) any characters you create are done so at your own risk, and GLOOT shall not be held liable for the permanent death of said characters under any circumstances, including, but not limited to, disruptions in any GLOOT Gaming Products & Services, lag, defects, errors, or ISP (Internet Service Provider) interruptions;

(xiii) GLOOT does not warrant all GLOOT Gaming Products & Services will be free of cheats, hacks, or programming errors that may affect the outcome of game events, tournaments or the general use of the GLOOT Gaming Account; and

(xiv) the terms herein shall extend to anyone that you allow to use your GLOOT Gaming Account, user name or player character(s) and that you are personally responsible and liable for the consequences that may result if any such person violates the terms herein, including, but not limited to, termination of your account and loss of your user names and characters.

11. Indemnification. You agree to defend indemnify and hold harmless GLOOT, its parent, subsidiaries, affiliates, licenses, and distributors at all times against all actions, proceedings, costs (including legal costs incurred by GLOOT in defending such actions, claims or proceedings), claims, expenses, demands, liabilities, losses and damages whatsoever including without limitation for defamation, infringement of intellectual property rights, death, bodily injury, property damage or pecuniary losses howsoever arising which GLOOT may sustain, incur, suffer or pay arising out of or in connection with the use of your Game Account and/or the GLOOT Gaming Products & Services or any act or omission of yours. Without prejudice to the foregoing, you agree to defend, indemnify and hold harmless GLOOT, its parent, subsidiaries, affiliates, licensees, and distributors from all liabilities, claims and expenses, including attorneys' fees arising from breach of these Terms of Use by use of, or in connection with, the transmission by, or through your Game Account of any content on any GLOOT Gaming Products & Services. GLOOT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.

12. DISCLAIMER OF WARRANTY. GLOOT Gaming Account IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. GLOOT DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. GLOOT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

13. Limitation of Liability. NEITHER GLOOT OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF GLOOT Gaming Account, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.

14. GLOOT’s Proprietary Rights. You acknowledge and agree that GLOOT Gaming Products & Services and any necessary software used in connection with the GLOOT Gaming Account contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content contained in sponsor advertisements or information presented to you through any GLOOT Gaming Products & Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by GLOOT or such third party licensors, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any GLOOT Gaming Products &Services or any software used in connection therewith, in whole or in part.

15. Miscellaneous. This agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore, without giving effect to any principles of conflicts of law. Those who choose to access any GLOOT Gaming Products & Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein. GLOOT may change the terms herein upon such advance notice, if any, as may be required by law.

16. Waiver. GLOOT may waive any breach of any term and/or condition, whether or not rectifiable, contained herein. You agree that no waiver by GLOOT of any term and/or condition herein shall constitute a waiver of any other term and/or condition or the same term and/or condition on another occasion.