[CHANGES TO THE TERMS]
1. You must be 13 years of age to use the Service.
3. You acknowledge that Smilegate Megaport reserves the right to refuse to grant you a user name that is already in use, may be illegal, may be protected by trade-mark or other proprietary interest, is obscene or profane or otherwise determined by Smilegate Megaport, in its sole discretion, to be inappropriate.
4. You are required to create an Account ID to identify yourself to Smilegate Megaport Staff. 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.
5. 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.
6. You agree to keep your password confidential and to notify Smilegate Megaport if you believe that the security of your password has been compromised. You acknowledge that Smilegate Megaport does not protect you from the unauthorized use of your password.
7. You are required to create a character in order to use the Service and choose a name for it. 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.
8. 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.
9. You agree that 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.
10. 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.
1. Smilegate Megaport shall have the right to suspend or terminate your right to use the Service and refuse to provide any current or future Service to you
2. Smilegate Megaport reserves the right to refuse to grant you a user name that is already in use, may be illegal, may be protected by trade-mark or other proprietary interest, is obscene or profane or otherwise determined by Smilegate Megaport, in its sole discretion, to be inappropriate.
3. 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.
4. Smilegate Megaport reserves the right to delete, or alter any vulgar or otherwise offensive Character Name.
5. Smilegate Megaport reserves the right to delete, or alter any vulgar or otherwise offensive Guild Name.
6. 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.
7. 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.
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 are not allowed to use the Service to:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Violate, intentionally or unintentionally, any applicable local, state, national or international law or regulation.
- 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.
- 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.
- 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).
- 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.
[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.
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.
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.
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.
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. The User 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 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. The downloading of copyrighted material is allowed by the User expressly for the User's own use. The User acknowledges that the content providers remain the owners of all materials posted on the Smilegate Megaport website, and that the User does not acquire any of those ownership rights by downloading copyrighted materials.