End User License Agreement
Smilegate Megaport offers to allow you to play Crossfire, conditioned on your accordance to all of the terms and conditions contained in this Agreement. Your use of the Game constitutes your agreement to all such terms and conditions.
This Agreement comprises the entire agreement between Smilegate Megaport and the User ("You"), and supersedes any prior agreements between you and Smilegate Megaport with respect to the subject matter hereof. This Agreement does not supersede any additional terms and conditions of which you are notified by Smilegate Megaport and/or which may apply when using third party content or services. Smilegate Megaport may amend or revise this agreement at any time and at its sole discretion, and such amendment or revision shall be effective upon posting of such revised agreement on the Smilegate Megaport website (the "Web Site"). You hereby agree to review this agreement by accessing the Web Site periodically to become aware of any such revisions. If any revision is unacceptable, you may terminate the Agreement hereof. Continued use of the Services following the posting of the revised Agreement shall be deemed to be acceptance of all such revisions. This Agreement was last updated on August. 06, 2019
"Game" or “Services” shall mean Crossfire and its updates and upgrades. It may also refer to other additional (mandatory) services provided by Smilegate Megaport, and their respective updates and upgrades.
"Intellectual Property" shall mean all patents, designs, utility models, copyrights, know-how, trade secrets, trademarks, service mark, trade dress and any other intellectual property rights in or related to the Game or Technical Information.
"Technical Information" shall mean the software, know-how, data, test result, layouts, artwork, processes, scripts, concepts and other technical information on or in relation to the Game and the installation, operation, maintenance, service and use thereof.
"User" or “You” means a licensee, gamer, and/or user of the Game who is a natural person licensed under this EULA to use the Game.
"User Account" shall mean the game information and personal information including the User's ID that is managed in order to use Smilegate Megaport's Service.
"ID" shall mean a combination of letters and numbers that the User creates in order to use the Service and Smilegate Megaport authorizes to differentiate each user.
"Password" shall mean a combination of letters and numbers that the User creates in order to verify him/her and protect his/her rights.
"Game Character ('Character')" shall mean game information that the User selects, creates and/or modifies and controls in the game.
This End User License Agreement shall be referred to herein as either "EULA" or "License" or the “Agreement”
[Description of Service]
Smilegate Megaport offers Crossfire game services (the "Service") accessible through the internet at "http://cf.gameclub.ph" (the "Web Site"). Smilegate Megaport reserves the right to change the URL address of the Website at any time and from time to time. To use the Service, you will need to install the software which Smilegate Megaport makes available from the Website (the "Software"). Anyone desiring to use the Service is required to establish an account with Smilegate Megaport (the "Account"). Smilegate Megaport does not provide Internet access, and you are responsible for all fees associated with your Internet connection. The Web Site located at http://cf.gameclub.ph is an active part of the Service and any use of the web site is governed by the same Terms of Agreement.
You are granted by Smilegate Megaport a personal, limited, non-exclusive license to install and use the Game for your personal, noncommercial use solely as set forth in this Agreement and any accompanying documentation. Any commercial use is prohibited. You are expressly prohibited from sublicensing, renting, leasing or otherwise distributing the Game or the right to use the Game. The term of your license shall commence on the date that you start to download, install or otherwise use the Game, and shall end on the earlier of the date that you dispose of the Game or Smilegate Megaport’s termination of this Agreement. You may not translate, reverse engineer, decompile, disassemble, or create derivative works from the Game.
You acknowledge and agree that the Game may use information regarding your computer, hardware, media, software and your use of the Game to validate your license rights and to update the Game.
You agree that the Game may automatically download and install updates, upgrades and additional features that Smilegate Megaport deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation Smilegate Megaport may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features.
[User Registrations Obligations and Security]
Accounts are available for individuals of any age for Smilegate Megaport titles; 13 years of age or older for play Crossfire. If you are less than the minimum age required and wish to use the Service, your parent(s) or guardian(s) must complete the registration process, open an Account in their name(s) and accept full responsibility for all obligations under this Agreement. Those who have completed these steps and who maintain their Account in good standing are referred to in this Agreement as "Members." By clicking the "I Agree" button you represent that you are 13 years of age or older for play Crossfire. Only one person may use an Account; the Account may not be transferred, traded, or sold to another user. Smilegate Megaport reserves the right to withhold support for issues arising from multiple Account owners or Account transfers, as well as to apply the appropriate penalties for such a violation. The registered user of an Account may use the Account or may choose instead to permit a minor child of the registered user to use the Account. You are liable for all activities conducted through your Account, and parents or guardians are liable for all activities of their minor child conducted through the Account.
At the time your Account is opened, you must choose a name to identify yourself to Smilegate Megaport staff (your "Account ID"). You may not select as your Account ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which Smilegate Megaport deems in its discretion to be vulgar or otherwise offensive. Smilegate Megaport reserves the right to delete, or to change, any vulgar or otherwise offensive Account ID. You have sole liability for all activities conducted through your Account or under your Account ID. In the case of deletion of an Account ID, Smilegate Megaport shall implement reasonable and appropriate security measures to ensure that all personal information associated with the deleted Account ID are properly disposed.
At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account and Account ID. At no time should you respond to an online request for a password. Smilegate Megaport will never ask for your password offline or online, except that you will be required to enter your password as part of the log-in process.
In order to use the service, you must create a character and choose a name for your character (your "Character Name") to identify your character to other Members. You may not select as your Character Name 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 Members to believe you to be an employee of Smilegate Megaport, or which Smilegate Megaport deems at its sole discretion to be vulgar or otherwise offensive. Smilegate Megaport reserves the right to delete, or alter any vulgar or otherwise offensive Character Name.
When you access any game published by Smilegate Megaport and reach a certain level, you may form a guild with other players in the game. You may not select as your Guild Name 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 Members to believe you to be an employee of Smilegate Megaport, or which Smilegate Megaport deems at its sole discretion to be vulgar or otherwise offensive. Smilegate Megaport reserves the right to delete, or alter any vulgar or otherwise offensive Guild Name.
The Account that you use to access the Service, the characters you select, create and/or modify and any and all items that Smilegate Megaport stores in the server, and other data that the server or Account may have are owned solely by Smilegate Megaport.
Members whose Accounts have been terminated by Smilegate Megaport may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of Smilegate Megaport.
If Smilegate Megaport terminates an Account, Smilegate Megaport may terminate any other Accounts that share the same member name, phone number, e-mail address, postal address, Internet Protocol address, or credit card number with the terminated Account. In the case of termination of an Account, Smilegate Megaport shall implement reasonable and appropriate security measures to ensure that all personal information associated with the terminated Account are properly disposed.
You agree to indemnify, defend and hold harmless Smilegate Megaport and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, Service Provider Customers, clients and contractors from and against any loss, claim, demand, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Service, your Content, your violation of the Terms of Agreement or of any rights of another User.
Either you or Smilegate Megaport may terminate your Account at any time without further obligation to the other. Further, Smilegate Megaport reserves the right, in appropriate circumstances and at its sole discretion, to terminate the Service at any time without further obligation to you. If the service or your Account is terminated or cancelled at any time for any reason, you agree to the following: (1) you will lose any characters, selected, created, modified and/or developed or items accumulated and you will not have the right to transfer, sell or assign any characters or items to anyone else; (2) if termination is due to your breach of this Agreement, you may not access the service in any manner or for any reason, including via any other Account. In the event that an Account is terminated, Smilegate Megaport may terminate any and all other Accounts that share the member name, phone number, e-mail address, internet protocol address or credit card number with the terminated Account; (3) we may terminate this Agreement (including your Account) immediately and without notice if you breach this Agreement or willfully infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of the game as described in Section 14. If we terminate this Agreement under any circumstances, you will lose access to your Account for the balance of any prepaid period without any refund. In the case of termination or cancellation of an Account, Smilegate Megaport shall implement reasonable and appropriate security measures to ensure that all personal information associated with the terminated or cancelled Account are properly disposed.
Parents may find the Service inappropriate for use by persons under the age of 13. While Smilegate Megaport may choose to monitor and take action upon inappropriate gameplay, chat or links to the Service, it is possible that at any time there may be language or other material accessible on or through the Service that may be inappropriate for children or offensive to some users of any age. Smilegate Megaport cannot ensure that other players will not provide content or access to content that parents or guardians may find inappropriate or that any user may find objectionable. Smilegate Megaport does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player.
[Limitation of Liability]
USER ACKNOWLEDGES THAT SMILEGATE MEGAPORT SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY SMILEGATE MEGAPORT OR ITS CONTENT PROVIDERS OR OTHER LICENSORS WITH RESPECT TO ANY CONDUCT, COMMUNICATION OR CONTENT OF THE SERVICES. SMILEGATE MEGAPORT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH THE SERVICES OR ANY PRODUCT PROVIDED BY SMILEGATE MEGAPORT. SMILEGATE MEGAPORT'S ENTIRE LIABILITY AND USER'S EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SERVICES AND ALL CONTENTS & SOFTWARE DEVELOPED BY OR FOR SMILEGATE MEGAPORT SERVICES WHICH IS FOUND TO BE DEFECTIVE USING MEDIA CHOSEN BY SMILEGATE MEGAPORT SERVICES SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID BY USER FOR THE DEFECTIVE SERVICE LESS AN AMOUNT EQUAL TO THE VALUE OF THE SERVICE FOR THE TIME THAT IT OPERATED PROPERLY. SMILEGATE MEGAPORT'S LIABILITY TO USER FOR ANY AND ALL BREACHES OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL CUMULATIVE AMOUNT PAID BY USER TO ACCESS AND USE THE SERVICES. You agree that Smilegate Megaport cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Smilegate Megaport Service.
[Disclaimer of Warranties]
YOU EXPRESSLY AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SMILEGATE MEGAPORT AND ALL SERVICE PROVIDER CUSTOMERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS. SMILEGATE MEGAPORT AND ALL SERVICE PROVIDER CUSTOMERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SMILEGATE MEGAPORT AND ALL SERVICE PROVIDER CUSTOMERS DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE OR ACCURATE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. SMILEGATE MEGAPORT MAKES NO WARRANTY THAT DEFECTS IN ITS SOFTWARE WILL BE CORRECTED OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY OF THE MATERIAL AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMILEGATE MEGAPORT OR ANY SERVICE PROVIDER CUSTOMER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF AGREEMENT.
[Interruption of Service]
Smilegate Megaport reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.
You acknowledge that the Service may be interrupted for reasons beyond the control of Smilegate Megaport, and Smilegate Megaport cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. Smilegate Megaport shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes beyond its reasonable control.
The User may not engage in any conduct or communication while using the Services which is unlawful or which restricts or inhibits any other User from using or enjoying the Services. The User agrees to use the Services only for lawful purposes. Smilegate Megaport reserves the right to terminate the User's registered Smilegate Megaport Account if it determines, in its sole discretion that the User has engaged in unacceptable conduct. The list of prohibited conduct set forth in Subsection 2) below provides examples of unacceptable conduct, which list is not exhaustive, and Smilegate Megaport reserves the right, but not the responsibility, to restrict conduct which Smilegate Megaport deems, in its sole discretion, to be harmful to individual users, damaging to the Services, or in violation of Smilegate Megaport's or any third party's rights. Smilegate Megaport may prohibit or delete conduct, communication or content transmitted on Smilegate Megaport services that are deemed to be in violation of applicable laws or is harmful to other user, the Smilegate Megaport service community or the rights of Smilegate Megaport in general. The User acknowledges, however, that communication over the Services often occurs in real-time and Smilegate Megaport cannot, and does not intend to, screen communication in advance.
[YOU MAY NOT USE THE SERVICES TO:]
i. Harass, threaten or embarrass another User of the Services or to cause distress, unwanted attention or discomfort of such User, or any other person or entity. Smilegate Megaport does not condone harassment in any form and may suspend or terminate the Account of any User who harasses others. Personal attacks, such as those based on a person's race, national origin, ethnicity, religion, gender, lifestyle choice, disablement or other such affiliation, are strictly prohibited.
ii. Post or transmit sexually explicit images, or point or reference to such images. Smilegate Megaport prohibits the transfer or posting of sexually explicit images or other content deemed offensive.
iii. Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content. If the User engages in vulgar or abusive language online, even if masked by symbols or other characters, or engages in other impermissible behavior, the User may receive a warning, or be temporarily or permanently excluded from one or more games, bulletin boards, chat areas, or the User's registered Smilegate Megaport Account may be terminated immediately and the User may be subject to civil liability and/or prosecution by law enforcement authorities.
iv. Scroll or carry out any action with a similar disruptive effect. "Scrolling" is defined as repeatedly causing the screen to roll faster than Users are able to type onto it.
v. Impersonate any person, including, but not limited to, Smilegate Megaport's employees, monitors or hosts. The User shall not hold himself or herself out or portray himself or herself as a Smilegate Megaport staff user or employee while engaging in all forms of online communication, including, but not limited to, user names, user profiles, voice, text or graphic chat, message postings or any form of communication on line. Impersonation of Smilegate Megaport staff shall be grounds for immediate Account termination.
vi. Engage in "disruptive behavior" in chat areas, game areas, bulletin boards, or any other area of the Services. Disruptive behavior shall be deemed to include, but will not be limited to, conduct which purposefully interferes with the normal flow of dialogue in a Service area. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
vii. Post or transmit chain letters or pyramid marketing schemes. This type of material places an unnecessary load on the Services and is considered a nuisance by many users. Certain types of chain letters and pyramid schemes are also illegal. Such prohibited conduct includes, but is not limited to, the transmission of letters or messages which offer a product or service and which are based on the structure of a chain letter.
viii. Post or transmit unsolicited advertising, promotional materials, or other forms of solicitation. Smilegate Megaport services are not to be used to send unsolicited advertising, promotional material, or other forms of solicitation to other users. The User may not use Smilegate Megaport Services to collect or "harvest" user names without the express permission of those users. Smilegate Megaport reserves the right to block and/or filter mass e-mail solicitations on or through the service.
ix. Violate any operating rule, policy or guideline of any other online service. The User further agrees to abide by the rules of the User's Internet Service Provider.
x. Violate, intentionally or unintentionally, any applicable local, state, national or international law or regulation.
xi. Modify any files that Smilegate Megaport does not specifically authorize the User to modify. Use of material, which is subject to the rights of any person or entity without the express permission of such rights holder, is prohibited, and will result in the termination of the User's registered Smilegate Megaport Account and possible civil and/or criminal liability.
xii. Post to multiple bulletin boards at once and/or send multiple unsolicited e-mails to a single address, sometimes referred to as "spamming". Smilegate Megaport may take action on a User's Account if any of the following offenses is reported: (a) Posting a similar or identical message to more than 5 bulletin boards; (b) Sending unsolicited mail to more than 30 people or (c) Sending more than two (2) unsolicited e-mails to a single e-mail address. Repeated spamming will result in Account termination. In certain situations, the overall pattern of behavior on an Account or a set of linked Accounts may be determined to be disruptive or abusive, even if no one single act clearly violates any specific policy. In such cases, Smilegate Megaport reserves the right to determine what patterns of behavior are defined as "high-maintenance" or "disruptive" and may take action against the Account(s), ranging from a simple request to moderate the high-maintenance behavior, to total lockout of all linked Accounts.
xiii. Post any material on the Web Site that will infringe any copyright, trademark and any other intellectual property right(s) of any third person(s).
xiv. Violate, intentionally or unintentionally, any operating rule, policy or guideline of any game published by Smilegate Megaport. The User agrees to accept the decision of Smilegate Megaport staff regarding the handling of any violations he may have committed.
The Game is protected by applicable and relevant intellectual property laws and treaties. The right to use the Game as set out in this Agreement are licensed, not sold, to you by Smilegate Megaport. You, through your downloading, installing or use of the Game, do not acquire any ownership rights to the Game. As between you and Smilegate Megaport, Smilegate Megaport is the owner of all rights, title and interest in and to the Game (including all copyrights, trademarks, patents, and other related intellectual property rights and other related proprietary rightsand interests).
Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Game. This EULA does not authorize you to use the Games', Smilegate Megaport’s, or its licensors' names or any of their respective trademarks.
You shall not attempt to develop any Game that contains the "look and feel" of any of the Game, or is otherwise derivative of the Game.
The Web Site contains copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of the Web Site and each area contained therein are copyrighted. Smilegate Megaport has been granted the exclusive license to market and operate in the Philippines. You cannot modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Web Site (including, without limitation, content that the Website enables you to download) without the express written permission of Smilegate Megaport. 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. You acknowledge that the content providers remain the owners of all materials posted on the Smilegate Megaport Website, and that You do not acquire any of those ownership rights by downloading copyrighted materials.
[Transfer of Ownership]
The failure of Smilegate Megaport or the Service Provider Customer to exercise its rights or insist upon the performance of the user's obligation hereunder shall not constitute a waiver or relinquishment of those or any other rights under these Terms of Agreement.
If any provision of the Terms of Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision and the other provisions of the Terms of Agreement shall continue to be binding on and remain in full force and effect.
The Terms of Agreement and the relationship between you, Smilegate Megaport and/or the Service Provider Customer shall be governed by and construed in accordance with the laws of the Republic of the Philippines, and such parties agree to submit to the jurisdiction of such courts.
You agree that regardless of any statute or law to the contrary, any action, suit or proceeding arising out of or related to the use of the Service or to the Terms of Agreement must be commenced within 1 year after such claim or cause of action that arose or be forever barred.
Section titles in the Terms of Agreement are for convenience only and have no legal or contractual effect or significance.
It is the express wish of the parties that the Terms of Agreement and all related documents have been drawn up in English.
Please report any violations of the Terms of Agreement through our Web Site Support page on Smilegate Megaport website as follows http://cf.gameclub.ph/
I hereby acknowledge that I have read and understood the foregoing License Agreement and agree that by clicking "Accept" or installing any of the games published and distributed by Smilegate Megaport I am acknowledging my agreement to be bound by the terms and conditions of this License Agreement.