TERMS OF USE AGREEMENT

TERMS OF USE AGREEMENT

Effective: June 28, 2012

Welcome to Castlot. By accessing and using our games, content, activities and services (the "Services") which are made available via our web site or through our social networking websites, or any mobile versions thereof (the "Site"), you signify that you have read, understand and agree to be bound by the terms and conditions set forth below (the "Terms"), whether or not you are a registered member of Castlot or any of our games.

1. License to Use the Services

Subject to your compliance with these Terms, you may use the Services solely for your own non-commercial entertainment purposes by accessing it through your web browser or other application provided by Idea Channel or its service providers and partners. You may not use the Services for any other purpose.

This license is subject to certain limitations. Any use of the Services in violation of these limitations will be considered a breach of this Agreement, and may result in disciplinary or legal action against you or your account. You agree that you will not:

 

  • Cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software program or applications which are designed to modify the Castlot experience to the detriment of fair play;
  • Disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the Services or (ii) any other player's experience;
  • Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computers;
  • Exploit the Services or any of its parts for any commercial purpose;
  • Promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
  • Reproduce, translate, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services, except to the extent permitted by applicable law.


2. Code of Conduct

Your use of the Services is governed by certain rules (the "Code of Conduct"), which are maintained and enforced by Castlot, and must be adhered to by all users at all times when using or accessing the Services. It is your responsibility to know, understand and abide by this Code of Conduct. By accessing and using the Services, you agree that you will not:

  • Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity (including distributing another player's personal information if he or she has not made such information public on the host site (if applicable)), hateful, racist, homophobic, bigoted, or otherwise offensive or objectionable;
  • Make any threats or threatening remarks, including (but not limited to) threats directed at minors, threats against another individual or their family, and other such remarks which, in our opinion, are outside the scope or context of the game;
  • Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text), are all prohibited;
  • Promote, encourage, or otherwise advocate the use of illegal drugs;
  • Violate the terms of any other applicable agreement or terms governing the access or use of the Services (including any end user license, code of conduct or other terms of use/service or guidelines from any web site on which the Services are available);
  • Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through the Services that infringes any copyright, trademark, privacy, publicity or other proprietary right of any party;
  • Except as expressly authorized by us, advertise or offer to sell or buy any goods or services for any purpose, unless the Services on which you are playing specifically allows such messages. Offers to buy or sell in-game items, if applicable or permitted by Castlot for any Services, must be limited to the appropriate forum or channel for such offers;
  • Collect (in an automated manner or otherwise) personal information about others, or impersonate or create a false identity (such as a celebrity, web site administrator or a Castlot representative) for the purpose of misleading others (including attempting to obtain password, account, or other information from a user).
  • Use the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties.

These rules are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be in violation of the Code of Conduct or otherwise outside the spirit of the Services and to take such action as we see fit - up to and including termination of your account and exclusion from further participation in the Services. We reserve the right to modify this Code of Conduct at any time.


3. User Account, Age Restrictions, Password, and Security

You may be able to use your user account and/or user ID of the website on which the Services are made available as your user account for that particular Service. If any of the Services require you to open an account directly with us, you must complete the registration process by providing current, complete and accurate information (including, if required, your email address) as prompted by the applicable registration form. YOU MUST BE 13 YEARS OF AGE OR OLDER TO USE THE SERVICES.

You may also be asked to choose a password and a username. You may not use a username that is used by someone else, is vulgar or otherwise offensive (as solely determined by us), infringes any trademark or other proprietary rights of others, or is used in any way that violates these Terms.

You are responsible for maintaining the confidentiality of your account information (including usernames and passwords and billing information) and are responsible for any and all activities that occur under your account. You must notify us immediately of any unauthorized use or theft of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You are responsible for the activities occurring under your account and you will be liable for any losses or damages incurred by Castlot or another party due to someone else using your account. You may not use anyone else's account at any time. Your account is personal to you and you may not transfer or make available your account to others. Any distribution by you of your account or related information may result in cancellation of your account without refund.

Youl may not create more than one persoanl account. Multiple Castlot accounts held by the same individual may be subject to deletion by Castlot.

 

4. Privacy

Any Content which you provide (and certain other information about you) is subject to our Privacy Policy, which is incorporated by reference into these Terms of Service. See our Privacy Policy for information and notices concerning our collection and use of your personal information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Castlot. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and you will not be able to opt out of receiving them.


5. Charges and Billing

In some cases, you can use a stored value (gift card), credit or debit card, PayPal, or other similar accounts (each referred to herein as "Payment Information") to pay for optional Services and/or upgrades. When you provide Payment Information to us (or our designated licensees or subcontractors), you represent and warrant that you are the authorized user of the Payment Information that is used to pay such charges. You must promptly notify us of any changes to your Payment Information. You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family or friends. We may revise the pricing for the goods and services we offer to you through the Services at any time in our sole discretion.


6. Links to Third Party Sites

"Content" means the software, communications, images, sounds, and all the material and information perceived or made available from the Services, whether provided by Castlot or by users of the Services. Content also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or the Site, including any responses provided through user surveys.

You acknowledge and agree that all Content, including, without limitation, all accounts, characters created, and virtual items or in-game currency acquired and developed as a result of game play, are the sole and exclusive property of Castlot and may be used by Castlot (and/or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose, including for commercial or promotional use. You agree that you may only upload or otherwise transmit on or through the Services Content that does not infringe the intellectual property rights of any third party, and you represent and warrant that any Content you do transmit will not infringe the intellectual property rights of any third party.

If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you agree to and hereby do assign solely and exclusively to Castlot all of your right, title and interest in and to such Content, without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. If such assignment is ineffective under applicable law, you hereby grant to Castlot the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content.

You are granted a limited revocable license to post your own character or any other Content that Castlot specifically gives you notice may be posted on other websites, on your own personal website or on a third party website so long as the website where the link resides complies with all applicable laws, does not obtain any rights to such Content other than a non-exclusive license to post it at your direction, and does not in any way infringe the rights of a third party.

Castlot representatives may monitor certain Content on the Services, but cannot monitor or prescreen all of the Content on the Services, and do not attempt to do so. Castlot and its designees have the right, but not the obligation, to edit, refuse to post, or remove any Content posted on any Services that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by "flagging" it or reporting it via the in-game support system. We do not assume any responsibility or liability for Content that is generated by users of the Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Services.

You acknowledge and agree that Castlot may use built-in tracking features to obtain information regarding your use of the Game, and agree that such information is deemed to be Content for all purposes under these Terms.


7.Termination

We reserve the right to terminate or suspend your account or your access to any or all of the Services at any time, for any reason and we have the right to terminate your account for what is, in our sole discretion and determination, deemed to be a violation or breach of these Terms of Service.

In the event your account or access to the Services is terminated, suspended or canceled, whether by you or by Castlot, you will not be entitled to any refund nor will any credits or in-game items (e.g., points in an online game) be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points or in-game items). If your account is terminated or suspended by us, we also have the right to terminate or suspend any of your other accounts.


8. The Services are Available "AS-IS"

The Services are provided on an "AS IS" and "AS AVAILABLE" basis and we do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. Your access and use of the Services is at your own risk. We cannot assume responsibility for any damages suffered by you, including, but not limited to, loss of data, game play, items or characters from delays, non-deliveries, errors, system down time, misdeliveries or service interruptions caused by us, or by your or by any other user's errors and/or omissions.


9. Limitation of Liability

CASTLOT AND ITS LICENSORS WILL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICES INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CASTLOT OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.


10. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.


11. Indemnification

You agree to defend, indemnify, and hold Castlot harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys' fees) incurred by Castlot arising out of or from your access and use of the Services, your violation of these Terms or any Content posted, transmitted or provided by you or on your behalf.


12. Waiver and Severability

The failure of Castlot to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.


13. Injunctive Relief

You acknowledge that the rights granted and obligations made hereunder to Castlot are of a unique and irreplaceable nature, the loss of which shall irreparably harm Castlot and which cannot be replaced by monetary damages alone so that Castlot shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.


14. 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 law provisions. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts.


15. Other Jurisdictions

Castlot operates and controls this application from its offices in the United States. Castlot makes no representation that this application is appropriate or available in other locations. The information provided on this application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Castlot to any registration requirement within such jurisdiction or country.


16. Modification of Terms

We reserve the right to modify the Terms at any time. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date those terms will be effective. We will attempt to give you advance notice of any substantive changes, but reserve the right to make such modifications immediately if required. Your use of the Services after any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services. It is your responsibility to check to determine if there have been changes to these Terms and to review such changes.


17. Entire Agreement

These Terms are the entire and exclusive agreement between Castlot and you regarding the Services, and these Terms supersede and replace any prior agreements regarding the foregoing.

The Services are operated and provided by 3-2802, DONGFANGXINSHIJIE, ZHONGSHANDADAO, TIANHEQU, GUANGZHOUSHI, CHINA. If you have any questions about these Terms, please contact Castlot at tos@ideachannel.info.

 

©2010-2012, All Rights Reserved.

Registration Number: 1670388

Copyright © 2011-2012 Castlot.com All rights reserved.


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