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PLEASE READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT CAREFULLY. THEY ARE INTENDED TO CREATE A LEGALLY BINDING AGREEMENT.
THIS END USER LICENSE AGREEMENT (“EULA”) SETS FORTH THE TERMS AND CONDITIONS UPON WHICH WE, LANIATUS LLC, A US CORPORATION AND ITS LICENSORS (COLLECTIVELY, “LANIATUS”, “WE”, “OUR” OR “US”) PERMIT YOU TO DOWNLOAD AND INSTALL SOFTWARE AND RELATED ONLINE OR ELECTRONIC DOCUMENTATION (COLLECTIVELY, THE “GAME SOFTWARE”) YOU WILL NEED TO PLAY CERTAIN COMPUTER GAMES (“GAMES”) IN CONJUNCTION WITH THE FEATURES AND FUNCTIONALITY OFFERED BY OUR ON-LINE GAME SERVICE (THE “SERVICE”) AT THE LANIATUS WEBSITE AT WWW.LANIATUS.COM (THE “WEBSITE”).
BY CLICKING THE “ACCEPT” BUTTON BELOW OR USING THE GAME OR INSTALLING THE GAME CLIENT SOFTWARE, YOU AGREE TO BE LEGALLY BOUND BY EACH OF THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT WISH TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS EULA, YOU MUST CLICK ON THE “CANCEL” BUTTON, AND DO NOT COMPLETE INSTALLATION OF THE SOFTWARE.
Welcome to Laniatus LLC ("Laniatus") Magic To Master - Play M2M (the shortly “M2M”). The M2M includes two components: (a) the software program along with any accompanying materials or documentation (collectively, the “M2M Client”), and (b) Laniatus LLC proprietary "M2M" online service (the “Service”). Your use of the M2M Client is subject to the "M2M" End User License Agreement (the “EULA “). Your use of the Service is subject to this Terms of Use and the Laniatus LLC Terms of Use Agreement (“LANIATUS TOU“), incorporated herein by this reference. You must accept the EULA, the Terms of Use and the LANIATUS TOU(collectively, the “Laniatus LLC Agreements”) prior to playing the Game.
1. Grant of Limited License to Use the Service
Subject to your full and ongoing compliance with the terms and conditions set forth in the Laniatus LLC Agreements, Laniatus LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and utilize the Service solely for your personal, non-commercial entertainment purposes, and only through an authorized, unmodified M2M Client. You are expressly prohibited from using the Service for any purpose other than as specifically authorized herein or in connection with any other software.
The licenses granted to you by this EULA are strictly personal and subject to the following limitations and restrictions. You shall not, nor permit any other person to:
i. MODIFICATION AND DERIVATIVE WORKS:
You are EXPRESSLY PROHIBITED from modifying, adapting, creating derivative works from, or otherwise altering the Game Software, in whole or in part. This includes, but is not limited to, COPYING, PHOTOCOPYING, REPRODUCING, TRANSLATING, DISASSEMBLING, REVERSE ENGINEERING, DECOMPILING, or ATTEMPTING TO DERIVE the source code, underlying ideas, algorithms, structure, or organization of the Game Software.
ii. PROHIBITION OF CONTENT MODIFICATION:
The Game Software is provided to you in OBJECT CODE FORM for use SOLELY as permitted in this EULA. You are EXPRESSLY PROHIBITED from altering, modifying, copying, or creating derivative works from ANY WRITTEN, VISUAL, OR AUDITORY ELEMENTS of the Game Software. This includes, but is not limited to, the ALTERATION OR MODIFICATION of any text, images, graphics, audio, music, or video content contained within the Game Software. ANY ATTEMPT to alter the aesthetic, narrative, or functional elements of the Game Software is STRICTLY FORBIDDEN.
iii. DISTRIBUTION AND DUPLICATION:
You shall not DISTRIBUTE, DISSEMINATE, PUBLISH, TRANSMIT, or otherwise MAKE AVAILABLE the Game Software, in whole or in part, to any third party. This includes, but is not limited to, making copies of the Game Software or any part thereof available for download or installation by others, WHETHER THROUGH PHYSICAL MEDIA OR ONLINE DISTRIBUTION PLATFORMS.
iv. ALTERATION OF NOTICES:
You shall not MODIFY, REMOVE, OR OBSCURE any COPYRIGHT, PATENT, CONFIDENTIALITY, or other proprietary notices, labels, or legends contained within the Game Software.
v. UNAUTHORIZED TRANSFER:
You shall not SELL, LEASE, ASSIGN, LICENSE, or otherwise TRANSFER the Game Software or any reproductions thereof to any third party, EXCEPT AS EXPRESSLY AUTHORIZED by this EULA.
vi. COMMERCIAL EXPLOITATION:
You are PROHIBITED from EXPLOITING the Game Software or any of its parts for any COMMERCIAL PURPOSE. This includes, but is not limited to, using the Game Software in a CYBER CAFÉ, COMPUTER GAMING CENTER, or any other location-based site WITHOUT THE EXPRESS WRITTEN CONSENT of Laniatus LLC.
vii. UNAUTHORIZED NETWORK PLAY:
You shall not HOST, PROVIDE, OR DEVELOP matchmaking services for the Game, nor shall you INTERCEPT, EMULATE, OR REDIRECT the communication protocols utilized by Laniatus LLC or its licensors in any way, including, without limitation, through PROTOCOL EMULATION, TUNNELING, PACKET SNIFFING, MODIFYING OR ADDING COMPONENTS to the Game, or using any utility program or other techniques now known or hereafter developed, for any purpose, including, but not limited to, UNAUTHORIZED NETWORK PLAY over the Internet, network play utilizing COMMERCIAL OR NON-COMMERCIAL GAMING NETWORKS, or as part of CONTENT AGGREGATION NETWORKS.
viii. THIRD-PARTY SOFTWARE:
You shall not USE ANY THIRD-PARTY SOFTWARE to MODIFY the Game Software to CHANGE GAMEPLAY, including, but not limited to, CHEATS, HACKS, MODS, or AUTOMATION SOFTWARE (BOTS).
ix. UNAUTHORIZED CONNECTIONS:
You are PROHIBITED from CREATING OR MAINTAINING any UNAUTHORIZED CONNECTION to the Game or the Service. All connections to the Game and/or the Service must be made through METHODS AND MEANS EXPRESSLY APPROVED by Laniatus LLC. UNDER NO CIRCUMSTANCES may you CONNECT, OR CREATE TOOLS that allow you or others to connect, to the Game’s proprietary interface or interfaces other than those EXPRESSLY PROVIDED BY Laniatus LLC for public use.
x. LEGAL COMPLIANCE:
You shall not VIOLATE ANY APPLICABLE LAW OR REGULATION in connection with your use of the Game Software or the Service.
xi. DISRUPTION OF SERVICE:
You shall not DISRUPT OR ASSIST IN THE DISRUPTION of (i) any computer used to support the Service (each a “Server”), or (ii) any other player's M2M experience. ANY ATTEMPT to disrupt the Service or undermine the legitimate operation of the Game Software MAY RESULT IN CIVIL AND/OR CRIMINAL LIABILITY.
CONSEQUENCES OF VIOLATION:
Your FAILURE TO COMPLY with any of the restrictions and limitations set forth in this EULA will result in the IMMEDIATE, AUTOMATIC TERMINATION of the license granted to you and MAY SUBJECT YOU TO LEGAL ACTION, including but not limited to CIVIL AND/OR CRIMINAL LIABILITY. Notwithstanding the foregoing, you are permitted to make a SINGLE ARCHIVAL COPY of the Game Software for BACKUP PURPOSES ONLY, provided that such copy is NOT USED FOR ANY OTHER PURPOSE and is subject to the same restrictions as the original copy of the Game Software. Disrupt or assist in the disruption of (i) any computer used to support the Service (each a “Server”); or (ii) any other player's M2M experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE M2M CLIENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
3. Eligibility.
You represent that you are an adult in your country of residence. You agree to these Terms of Use on behalf of yourself and, at your discretion, for one (1) minor child for whom you are a parent or guardian and whom you have authorized to play the M2M using the license granted to you.
4. Ownership.
All rights and title in and to the Service (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets,” transcripts of the chat rooms, character profile information, recordings of games) are owned by Laniatus LLC or its licensors. The M2M and the Service are protected by United States and international laws, and may contain certain licensed materials in which Laniatus LLC licensors may enforce their rights in the event of any violation of this Agreement.
5. No Ownership Rights in Account.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON A Laniatus LLC SYSTEM, INCLUDING WITHOUT LIMITATION ANY LANIATUS ACCOUNT OR "M2M" ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF Laniatus LLC.
6. Account Suspension/Deletion.
Laniatus LLC MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY LANIATUS ACCOUNT OR "M2M" ACCOUNT AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Use or the EULA.
7. Code of Conduct.
As with all things, your use of the M2M is governed by certain rules. These rules (the “PlayM2M Code of Conduct”), maintained and enforced exclusively by Laniatus LLC Agreements, must be adhered to by all players. It is your responsibility to know, understand and abide by this PlayM2M Code of Conduct. The following rules are not meant to be exhaustive, and Laniatus LLC Agreements reserves the right to determine which conduct it considers to be outside the spirit of the M2M and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. Laniatus LLC Agreements reserves the right to modify this Code of Conduct at any time.
A: Rules Related to Usernames and Nation(Guild or Clan) Designations.
Each user will either select a character name or allow the Service to automatically select a character name at random. Additionally, users may form "nation(Guild)" and such nations will be required to choose a name for the nation. When you choose a character name, create a nation(Guild), or otherwise create a label that can be seen by other players using the M2M or the Service, you must abide by the following guidelines as well as the rules of common decency. If Laniatus LLC finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and corresponding chat room, and/or suspend or terminate your use of the Service. In particular, you may not use any name:
(i) Belonging to another person with the intent to impersonate that person, including without limitation a "M2M" or any other employee or agent of Laniatus LLC;
(ii) That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
(iii) Subject to the rights of any other person or entity without written authorization from that person or entity;
(iv) That belongs to a popular culture figure, celebrity, or media personality;
(v) That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
(vi) Belonging to any religious figure or deity;
(vii) Related to drugs, sex, alcohol, or criminal activity;
(viii) Comprised of partial or complete sentence (e.g., "Inyourface", "Welovebeef", etc);
(ix) Comprised of gibberish (e.g., "Asdfasdf", "Jjxccm", "Hvlldrm");
(x) Referring to pop culture icons or personas (e.g. " "Britneyspears", "Austinpowers", "Batman")
(xi) That utilizes "Leet" or "Dudespeak" (e.g., "Roflcopter", "xxnewbxx", "Roxxoryou")
(xii) Names including titles. For purposes of this subsection, "titles" shall include, but not be limited to: 'rank' titles (e.g., "Game Master," or "Game Admin"), manager or officer titles (e.g., "Admin," "Manager"), and abbreviating titles (e.g., "GM," or "SGM"). You may not use a misspelled or alternative spelling to circumvent the name restrictions listed above, nor may you have "first" and "last" names that, when combined, violate the above name restrictions.
B. Rules Related to "Chat" and Interaction With Other Users. Communicating in-M2M with other Users and Laniatus LLC representatives, whether by text, voice or any other method, is an integral part of the M2M and the Service and is referred to here as "Chat." When engaging in Chat, you may not:
(i) Transmit or post any content or language which, in the sole and absolute discretion of Laniatus LLC , is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;(ii) Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;
(iii) Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and services available outside of the "M2M" universe;
(iv) Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without limitation continuous advertisements to sell goods or services;
(v) Communicate or post any user's personal information in the Game, or on websites or forums related to the Game, except that a user may communicate his or her own personal information in a private message directed to a single user;
(vi) Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game;
(vii) Participate in any action that, in the sole and absolute opinion of Laniatus LLC , results or may result in an authorized user of the M2M being "scammed" or defrauded out of gold, weapons, armor, or any other items that user has earned through authorized M2M play in the Game;
(viii) Communicate directly with players who are playing characters aligned with the opposite faction; or
(ix) Impersonate any real person, including without limitation any "M2M" or any other Laniatus LLC agent or employee, nor may you communicate in the M2M in any way designed to make others believe that your message constitutes a server message or was otherwise posted by any Laniatus LLC agent or employee.
C. Rules Related to M2M Play.
M2M play is what "M2M" is all about, and Laniatus LLC strictly enforces the rules that govern M2M play. Laniatus LLC considers most conduct to be part of the Game, and not harassment, so player-killing the enemies of your nation, is considered a part of the Game. Because the M2M is a "player vs. player" game, you should always remember to protect yourself in areas where the members of hostile nations can attack you, rather than contacting Laniatus LLC 's in-M2M customer service representatives for help when you have been killed by an enemy of your nation. Nonetheless, certain acts go beyond what is "fair" and are considered serious violations of these Terms of Use. Those acts include, but are not necessarily limited to, the following:
(i) Using or exploiting errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players;
(ii) Conduct prohibited by the EULA or elsewhere in these Terms of Use; and
(iii) Anything that Laniatus LLC considers contrary to the "essence" of the Game.
8. Ownership/Selling of the Account or Virtual Items.
Laniatus LLC does not recognize the transfer of "M2M" Accounts or Hero Accounts (each an “Account”). You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. Laniatus LLC owns, has licensed, or otherwise has rights to all of the content that appears in the Game. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Game, or any other attributes associated with any Account. Laniatus LLC does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Game. Accordingly, you may not sell in-M2M items or currency for “real” money, or exchange those items or currency for value outside of the Game.
9. Changes to the Terms of Use or the Game.
Laniatus LLC reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete, at any time, any of the terms and conditions of this Agreement, any feature of the M2M or the Service, hours of availability, content, data, software or equipment needed to access the M2M or the Service, effective with or without prior notice; provided, however, that material changes to this Terms of Use Agreement will not be applied retroactively. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Game. Your continued use of the M2M following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Laniatus LLC may change, modify, suspend, or discontinue any aspect of the M2M at any time. Laniatus LLC may also impose limits on certain features or restrict your access to parts or all of the M2M without notice or liability. The entire risk arising out of the use or performance of the M2M (including without limitation the M2M Client and manual(s)) remains with you, the user. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.
10. Termination.
This Agreement is effective until terminated. You may terminate this Agreement by deleting the M2M Client and terminating all "M2M" Accounts registered to you. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for pre-purchased M2M access to Magic To Master - PlayM2M. You acknowledge and agree that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of this Agreement. Laniatus LLC may terminate this Agreement (and your access to the Game) with or without notice for any reason, or for no reason. The provisions of Sections 4, 5, 8, 11, and 12-17 shall survive any termination of this Agreement.
11. Warranty Disclaimer.
The Software is provided "AS IS" and "WITH ALL FAULTS," without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The Licensor makes no warranty that the Software is free of defects or is suitable for any particular purpose. In no event, shall the Licensor be responsible for loss or damages arising from the installation or use of the Software, including but not limited to any indirect, punitive, special, incidental or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not the Licensor assume the entire cost of any service and repair.
12. Limitation of Liability.
IN NO EVENT, SHALL Laniatus LLC, ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE M2M OR THE SERVICE. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In no event, shall Laniatus LLC 's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Laniatus LLC during the six (6) months immediately prior to the time such claim arose.
13. Indemnification.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Laniatus LLC, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE M2M AND/OR THE SERVICE.
14. Force Majeure.
Laniatus LLC shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Laniatus LLC , including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Laniatus LLC 's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
15. Acknowledgments.
You hereby acknowledge and agree that:
A. WHEN RUNNING, THE M2M MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH Magic To Master - PlayM2M. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE GAME, WOULD CONSTITUTE A VIOLATION OF SECTIONS 1, 2 OR 7. IN THE EVENT THAT THE M2M DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, Laniatus LLC MAY (a) COMMUNICATE INFORMATION BACK TO Laniatus LLC , INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER ANY Laniatus LLC AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
B. WHEN THE M2M IS RUNNING, Laniatus LLC MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE M2M AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF ANY Laniatus LLC AGREEMENT.
C. Laniatus LLC may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if Laniatus LLC believes that doing so may protect your safety or the safety of others.
D. Laniatus LLC MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that Laniatus LLC is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk.
E. You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.
16. Equitable Remedies.
In the event that you breach this Agreement, you hereby agree that Laniatus LLC would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Laniatus LLC shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Laniatus LLC may otherwise have available to it under applicable laws. In the event, any litigation is brought by either party in connection with this Agreement and consistent with Section 17, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
17. Dispute Resolution and Governing Law.
A. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Laniatus LLC agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Laniatus LLC will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Laniatus LLC, ATTN: Legal Department.
B. Binding Arbitration. If you and Laniatus LLC are unable to resolve a Dispute through informal negotiations, either you or Laniatus LLC may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Laniatus LLC will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Laniatus LLC may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
C. Restrictions. You and Laniatus LLC agree that any arbitration shall be limited to the Dispute between Laniatus LLC and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
D. Exceptions to Informal Negotiations and Arbitration. You and Laniatus LLC agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Laniatus LLC ’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
E. Location. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of Montgomery, State of Maryland, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within said County, and you and Laniatus LLC agree to submit to the personal jurisdiction of that court.
F. Governing Law. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of Delaware, without regard to choose of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who access the Service from Canada, Chile, Mexico, Argentina, Australia, Singapore, Thailand, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 (“Act”) may apply to the M2M and/or the Service as supplied by Laniatus LLC to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Australia, Singapore, or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.
G. Severability. You and Laniatus LLC agree that if any portion of Section 17 is found illegal or unenforceable (except any portion of 17(d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 17(d) is found to be illegal or unenforceable then neither you nor Laniatus LLC will elect to arbitrate any Dispute falling within that portion of Section 17(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within said County, and you and Laniatus LLC agree to submit to the personal jurisdiction of that court.
18. Miscellaneous.
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 Terms of Use Agreement is the complete and exclusive statement of the agreement between you and Laniatus LLC concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Laniatus LLC ; provided, however that this Agreement is in addition to, and does not replace or supplant, the EULA or the TOU. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE M2M IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.
THIS END USER LICENSE AGREEMENT (“EULA”) SETS FORTH THE TERMS AND CONDITIONS UPON WHICH WE, LANIATUS LLC, A US CORPORATION AND ITS LICENSORS (COLLECTIVELY, “LANIATUS”, “WE”, “OUR” OR “US”) PERMIT YOU TO DOWNLOAD AND INSTALL SOFTWARE AND RELATED ONLINE OR ELECTRONIC DOCUMENTATION (COLLECTIVELY, THE “GAME SOFTWARE”) YOU WILL NEED TO PLAY CERTAIN COMPUTER GAMES (“GAMES”) IN CONJUNCTION WITH THE FEATURES AND FUNCTIONALITY OFFERED BY OUR ON-LINE GAME SERVICE (THE “SERVICE”) AT THE LANIATUS WEBSITE AT WWW.LANIATUS.COM (THE “WEBSITE”).
BY CLICKING THE “ACCEPT” BUTTON BELOW OR USING THE GAME OR INSTALLING THE GAME CLIENT SOFTWARE, YOU AGREE TO BE LEGALLY BOUND BY EACH OF THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT WISH TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS EULA, YOU MUST CLICK ON THE “CANCEL” BUTTON, AND DO NOT COMPLETE INSTALLATION OF THE SOFTWARE.
Magic To Master - PlayM2M EULA - LANIATUS TOU
Welcome to Laniatus LLC ("Laniatus") Magic To Master - Play M2M (the shortly “M2M”). The M2M includes two components: (a) the software program along with any accompanying materials or documentation (collectively, the “M2M Client”), and (b) Laniatus LLC proprietary "M2M" online service (the “Service”). Your use of the M2M Client is subject to the "M2M" End User License Agreement (the “EULA “). Your use of the Service is subject to this Terms of Use and the Laniatus LLC Terms of Use Agreement (“LANIATUS TOU“), incorporated herein by this reference. You must accept the EULA, the Terms of Use and the LANIATUS TOU(collectively, the “Laniatus LLC Agreements”) prior to playing the Game.
1. Grant of Limited License to Use the Service
Subject to your full and ongoing compliance with the terms and conditions set forth in the Laniatus LLC Agreements, Laniatus LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and utilize the Service solely for your personal, non-commercial entertainment purposes, and only through an authorized, unmodified M2M Client. You are expressly prohibited from using the Service for any purpose other than as specifically authorized herein or in connection with any other software.
2. License Limitations
The licenses granted to you by this EULA are strictly personal and subject to the following limitations and restrictions. You shall not, nor permit any other person to:
i. MODIFICATION AND DERIVATIVE WORKS:
You are EXPRESSLY PROHIBITED from modifying, adapting, creating derivative works from, or otherwise altering the Game Software, in whole or in part. This includes, but is not limited to, COPYING, PHOTOCOPYING, REPRODUCING, TRANSLATING, DISASSEMBLING, REVERSE ENGINEERING, DECOMPILING, or ATTEMPTING TO DERIVE the source code, underlying ideas, algorithms, structure, or organization of the Game Software.
ii. PROHIBITION OF CONTENT MODIFICATION:
The Game Software is provided to you in OBJECT CODE FORM for use SOLELY as permitted in this EULA. You are EXPRESSLY PROHIBITED from altering, modifying, copying, or creating derivative works from ANY WRITTEN, VISUAL, OR AUDITORY ELEMENTS of the Game Software. This includes, but is not limited to, the ALTERATION OR MODIFICATION of any text, images, graphics, audio, music, or video content contained within the Game Software. ANY ATTEMPT to alter the aesthetic, narrative, or functional elements of the Game Software is STRICTLY FORBIDDEN.
iii. DISTRIBUTION AND DUPLICATION:
You shall not DISTRIBUTE, DISSEMINATE, PUBLISH, TRANSMIT, or otherwise MAKE AVAILABLE the Game Software, in whole or in part, to any third party. This includes, but is not limited to, making copies of the Game Software or any part thereof available for download or installation by others, WHETHER THROUGH PHYSICAL MEDIA OR ONLINE DISTRIBUTION PLATFORMS.
iv. ALTERATION OF NOTICES:
You shall not MODIFY, REMOVE, OR OBSCURE any COPYRIGHT, PATENT, CONFIDENTIALITY, or other proprietary notices, labels, or legends contained within the Game Software.
v. UNAUTHORIZED TRANSFER:
You shall not SELL, LEASE, ASSIGN, LICENSE, or otherwise TRANSFER the Game Software or any reproductions thereof to any third party, EXCEPT AS EXPRESSLY AUTHORIZED by this EULA.
vi. COMMERCIAL EXPLOITATION:
You are PROHIBITED from EXPLOITING the Game Software or any of its parts for any COMMERCIAL PURPOSE. This includes, but is not limited to, using the Game Software in a CYBER CAFÉ, COMPUTER GAMING CENTER, or any other location-based site WITHOUT THE EXPRESS WRITTEN CONSENT of Laniatus LLC.
vii. UNAUTHORIZED NETWORK PLAY:
You shall not HOST, PROVIDE, OR DEVELOP matchmaking services for the Game, nor shall you INTERCEPT, EMULATE, OR REDIRECT the communication protocols utilized by Laniatus LLC or its licensors in any way, including, without limitation, through PROTOCOL EMULATION, TUNNELING, PACKET SNIFFING, MODIFYING OR ADDING COMPONENTS to the Game, or using any utility program or other techniques now known or hereafter developed, for any purpose, including, but not limited to, UNAUTHORIZED NETWORK PLAY over the Internet, network play utilizing COMMERCIAL OR NON-COMMERCIAL GAMING NETWORKS, or as part of CONTENT AGGREGATION NETWORKS.
viii. THIRD-PARTY SOFTWARE:
You shall not USE ANY THIRD-PARTY SOFTWARE to MODIFY the Game Software to CHANGE GAMEPLAY, including, but not limited to, CHEATS, HACKS, MODS, or AUTOMATION SOFTWARE (BOTS).
ix. UNAUTHORIZED CONNECTIONS:
You are PROHIBITED from CREATING OR MAINTAINING any UNAUTHORIZED CONNECTION to the Game or the Service. All connections to the Game and/or the Service must be made through METHODS AND MEANS EXPRESSLY APPROVED by Laniatus LLC. UNDER NO CIRCUMSTANCES may you CONNECT, OR CREATE TOOLS that allow you or others to connect, to the Game’s proprietary interface or interfaces other than those EXPRESSLY PROVIDED BY Laniatus LLC for public use.
x. LEGAL COMPLIANCE:
You shall not VIOLATE ANY APPLICABLE LAW OR REGULATION in connection with your use of the Game Software or the Service.
xi. DISRUPTION OF SERVICE:
You shall not DISRUPT OR ASSIST IN THE DISRUPTION of (i) any computer used to support the Service (each a “Server”), or (ii) any other player's M2M experience. ANY ATTEMPT to disrupt the Service or undermine the legitimate operation of the Game Software MAY RESULT IN CIVIL AND/OR CRIMINAL LIABILITY.
CONSEQUENCES OF VIOLATION:
Your FAILURE TO COMPLY with any of the restrictions and limitations set forth in this EULA will result in the IMMEDIATE, AUTOMATIC TERMINATION of the license granted to you and MAY SUBJECT YOU TO LEGAL ACTION, including but not limited to CIVIL AND/OR CRIMINAL LIABILITY. Notwithstanding the foregoing, you are permitted to make a SINGLE ARCHIVAL COPY of the Game Software for BACKUP PURPOSES ONLY, provided that such copy is NOT USED FOR ANY OTHER PURPOSE and is subject to the same restrictions as the original copy of the Game Software. Disrupt or assist in the disruption of (i) any computer used to support the Service (each a “Server”); or (ii) any other player's M2M experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE M2M CLIENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
3. Eligibility.
You represent that you are an adult in your country of residence. You agree to these Terms of Use on behalf of yourself and, at your discretion, for one (1) minor child for whom you are a parent or guardian and whom you have authorized to play the M2M using the license granted to you.
4. Ownership.
All rights and title in and to the Service (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets,” transcripts of the chat rooms, character profile information, recordings of games) are owned by Laniatus LLC or its licensors. The M2M and the Service are protected by United States and international laws, and may contain certain licensed materials in which Laniatus LLC licensors may enforce their rights in the event of any violation of this Agreement.
5. No Ownership Rights in Account.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON A Laniatus LLC SYSTEM, INCLUDING WITHOUT LIMITATION ANY LANIATUS ACCOUNT OR "M2M" ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF Laniatus LLC.
6. Account Suspension/Deletion.
Laniatus LLC MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY LANIATUS ACCOUNT OR "M2M" ACCOUNT AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Use or the EULA.
7. Code of Conduct.
As with all things, your use of the M2M is governed by certain rules. These rules (the “PlayM2M Code of Conduct”), maintained and enforced exclusively by Laniatus LLC Agreements, must be adhered to by all players. It is your responsibility to know, understand and abide by this PlayM2M Code of Conduct. The following rules are not meant to be exhaustive, and Laniatus LLC Agreements reserves the right to determine which conduct it considers to be outside the spirit of the M2M and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. Laniatus LLC Agreements reserves the right to modify this Code of Conduct at any time.
A: Rules Related to Usernames and Nation(Guild or Clan) Designations.
Each user will either select a character name or allow the Service to automatically select a character name at random. Additionally, users may form "nation(Guild)" and such nations will be required to choose a name for the nation. When you choose a character name, create a nation(Guild), or otherwise create a label that can be seen by other players using the M2M or the Service, you must abide by the following guidelines as well as the rules of common decency. If Laniatus LLC finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and corresponding chat room, and/or suspend or terminate your use of the Service. In particular, you may not use any name:
(i) Belonging to another person with the intent to impersonate that person, including without limitation a "M2M" or any other employee or agent of Laniatus LLC;
(ii) That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
(iii) Subject to the rights of any other person or entity without written authorization from that person or entity;
(iv) That belongs to a popular culture figure, celebrity, or media personality;
(v) That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
(vi) Belonging to any religious figure or deity;
(vii) Related to drugs, sex, alcohol, or criminal activity;
(viii) Comprised of partial or complete sentence (e.g., "Inyourface", "Welovebeef", etc);
(ix) Comprised of gibberish (e.g., "Asdfasdf", "Jjxccm", "Hvlldrm");
(x) Referring to pop culture icons or personas (e.g. " "Britneyspears", "Austinpowers", "Batman")
(xi) That utilizes "Leet" or "Dudespeak" (e.g., "Roflcopter", "xxnewbxx", "Roxxoryou")
(xii) Names including titles. For purposes of this subsection, "titles" shall include, but not be limited to: 'rank' titles (e.g., "Game Master," or "Game Admin"), manager or officer titles (e.g., "Admin," "Manager"), and abbreviating titles (e.g., "GM," or "SGM"). You may not use a misspelled or alternative spelling to circumvent the name restrictions listed above, nor may you have "first" and "last" names that, when combined, violate the above name restrictions.
B. Rules Related to "Chat" and Interaction With Other Users. Communicating in-M2M with other Users and Laniatus LLC representatives, whether by text, voice or any other method, is an integral part of the M2M and the Service and is referred to here as "Chat." When engaging in Chat, you may not:
(i) Transmit or post any content or language which, in the sole and absolute discretion of Laniatus LLC , is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;(ii) Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;
(iii) Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and services available outside of the "M2M" universe;
(iv) Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without limitation continuous advertisements to sell goods or services;
(v) Communicate or post any user's personal information in the Game, or on websites or forums related to the Game, except that a user may communicate his or her own personal information in a private message directed to a single user;
(vi) Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game;
(vii) Participate in any action that, in the sole and absolute opinion of Laniatus LLC , results or may result in an authorized user of the M2M being "scammed" or defrauded out of gold, weapons, armor, or any other items that user has earned through authorized M2M play in the Game;
(viii) Communicate directly with players who are playing characters aligned with the opposite faction; or
(ix) Impersonate any real person, including without limitation any "M2M" or any other Laniatus LLC agent or employee, nor may you communicate in the M2M in any way designed to make others believe that your message constitutes a server message or was otherwise posted by any Laniatus LLC agent or employee.
C. Rules Related to M2M Play.
M2M play is what "M2M" is all about, and Laniatus LLC strictly enforces the rules that govern M2M play. Laniatus LLC considers most conduct to be part of the Game, and not harassment, so player-killing the enemies of your nation, is considered a part of the Game. Because the M2M is a "player vs. player" game, you should always remember to protect yourself in areas where the members of hostile nations can attack you, rather than contacting Laniatus LLC 's in-M2M customer service representatives for help when you have been killed by an enemy of your nation. Nonetheless, certain acts go beyond what is "fair" and are considered serious violations of these Terms of Use. Those acts include, but are not necessarily limited to, the following:
(i) Using or exploiting errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players;
(ii) Conduct prohibited by the EULA or elsewhere in these Terms of Use; and
(iii) Anything that Laniatus LLC considers contrary to the "essence" of the Game.
8. Ownership/Selling of the Account or Virtual Items.
Laniatus LLC does not recognize the transfer of "M2M" Accounts or Hero Accounts (each an “Account”). You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. Laniatus LLC owns, has licensed, or otherwise has rights to all of the content that appears in the Game. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Game, or any other attributes associated with any Account. Laniatus LLC does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Game. Accordingly, you may not sell in-M2M items or currency for “real” money, or exchange those items or currency for value outside of the Game.
9. Changes to the Terms of Use or the Game.
Laniatus LLC reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete, at any time, any of the terms and conditions of this Agreement, any feature of the M2M or the Service, hours of availability, content, data, software or equipment needed to access the M2M or the Service, effective with or without prior notice; provided, however, that material changes to this Terms of Use Agreement will not be applied retroactively. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Game. Your continued use of the M2M following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Laniatus LLC may change, modify, suspend, or discontinue any aspect of the M2M at any time. Laniatus LLC may also impose limits on certain features or restrict your access to parts or all of the M2M without notice or liability. The entire risk arising out of the use or performance of the M2M (including without limitation the M2M Client and manual(s)) remains with you, the user. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.
10. Termination.
This Agreement is effective until terminated. You may terminate this Agreement by deleting the M2M Client and terminating all "M2M" Accounts registered to you. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for pre-purchased M2M access to Magic To Master - PlayM2M. You acknowledge and agree that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of this Agreement. Laniatus LLC may terminate this Agreement (and your access to the Game) with or without notice for any reason, or for no reason. The provisions of Sections 4, 5, 8, 11, and 12-17 shall survive any termination of this Agreement.
11. Warranty Disclaimer.
The Software is provided "AS IS" and "WITH ALL FAULTS," without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The Licensor makes no warranty that the Software is free of defects or is suitable for any particular purpose. In no event, shall the Licensor be responsible for loss or damages arising from the installation or use of the Software, including but not limited to any indirect, punitive, special, incidental or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not the Licensor assume the entire cost of any service and repair.
12. Limitation of Liability.
IN NO EVENT, SHALL Laniatus LLC, ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE M2M OR THE SERVICE. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In no event, shall Laniatus LLC 's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Laniatus LLC during the six (6) months immediately prior to the time such claim arose.
13. Indemnification.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Laniatus LLC, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE M2M AND/OR THE SERVICE.
14. Force Majeure.
Laniatus LLC shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Laniatus LLC , including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Laniatus LLC 's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
15. Acknowledgments.
You hereby acknowledge and agree that:
A. WHEN RUNNING, THE M2M MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH Magic To Master - PlayM2M. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE GAME, WOULD CONSTITUTE A VIOLATION OF SECTIONS 1, 2 OR 7. IN THE EVENT THAT THE M2M DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, Laniatus LLC MAY (a) COMMUNICATE INFORMATION BACK TO Laniatus LLC , INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER ANY Laniatus LLC AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
B. WHEN THE M2M IS RUNNING, Laniatus LLC MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE M2M AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF ANY Laniatus LLC AGREEMENT.
C. Laniatus LLC may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if Laniatus LLC believes that doing so may protect your safety or the safety of others.
D. Laniatus LLC MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that Laniatus LLC is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk.
E. You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.
16. Equitable Remedies.
In the event that you breach this Agreement, you hereby agree that Laniatus LLC would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Laniatus LLC shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Laniatus LLC may otherwise have available to it under applicable laws. In the event, any litigation is brought by either party in connection with this Agreement and consistent with Section 17, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
17. Dispute Resolution and Governing Law.
A. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Laniatus LLC agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Laniatus LLC will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Laniatus LLC, ATTN: Legal Department.
B. Binding Arbitration. If you and Laniatus LLC are unable to resolve a Dispute through informal negotiations, either you or Laniatus LLC may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Laniatus LLC will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Laniatus LLC may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
C. Restrictions. You and Laniatus LLC agree that any arbitration shall be limited to the Dispute between Laniatus LLC and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
D. Exceptions to Informal Negotiations and Arbitration. You and Laniatus LLC agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Laniatus LLC ’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
E. Location. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of Montgomery, State of Maryland, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within said County, and you and Laniatus LLC agree to submit to the personal jurisdiction of that court.
F. Governing Law. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of Delaware, without regard to choose of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who access the Service from Canada, Chile, Mexico, Argentina, Australia, Singapore, Thailand, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 (“Act”) may apply to the M2M and/or the Service as supplied by Laniatus LLC to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Australia, Singapore, or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.
G. Severability. You and Laniatus LLC agree that if any portion of Section 17 is found illegal or unenforceable (except any portion of 17(d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 17(d) is found to be illegal or unenforceable then neither you nor Laniatus LLC will elect to arbitrate any Dispute falling within that portion of Section 17(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within said County, and you and Laniatus LLC agree to submit to the personal jurisdiction of that court.
18. Miscellaneous.
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 Terms of Use Agreement is the complete and exclusive statement of the agreement between you and Laniatus LLC concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Laniatus LLC ; provided, however that this Agreement is in addition to, and does not replace or supplant, the EULA or the TOU. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE M2M IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.