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YOU MUST BE AND HEREBY AFFIRM THAT YOU ARE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OR STATE OF RESIDENCE. If you are under the legal age of majority, your parent or legal guardian must consent to this agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE PROGRAM. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS THE SOFTWARE.
PRODUCT LICENSE AND SERVICE AGREEMENT (the "Agreement")
You agree that your use of the Regal Computer Services/Infinitum Vitas website, application ("App"), account, product, service or other property (including Service and/or Service Provided Content as defined below), including any patches, updates, and downloadable content associated with any App or other software (collectively "Product" or "Products"), shall be subject to the terms of this Agreement.
All rights not expressly granted to you are reserved by Regal Computer Services and its licensors.
Please read and review this Agreement before using this Product. If you do not agree with or wish to accept the terms of this Agreement then please do not use the Product. By using this Product or otherwise accepting this Agreement, you agree to be bound by this Agreement and represent you satisfy all of the eligibility requirements below.
1. ELIGIBILITY
A. In order to use certain Products you may be required to:
meet minimum age requirements - see Sections 1 and 10
agree to Third Party Terms - see Section 15
open an account operated and provided by Regal Computer Services - see Section 10
B. Subject to any applicable Product age ratings, restrictions and Account requirements, Products are made available to individuals aged 13 or older. If you are aged 13 but under 18 years of age, you and your parent or guardian must review this Agreement. Parents/ guardians are jointly and severally liable for all acts (including purchases and payments for Service Provided Content) and omissions of their children aged under 18 years when using a Product. Regal Computer Services recommends that parents and guardians familiarize themselves with parental controls available on Devices they provide to their child and accompany their child if aged under 13 years of age, or the applicable age in your jurisdiction, when online.
2. ACCESS AND COSTS
You acknowledge and agree that you will provide at your own cost and expense the equipment, Internet or other connection charges, required to access and use the Product. Regal Computer Services makes no warranty that the Product can be accessed on all personal computers, games consoles, smartphones, tablets or other devices (each, a "Device", or in the plural, "Devices"), by means of any specific Internet or other connection provider, or in all countries.
YOU ARE SOLELY RESPONSIBLE FOR ANY THIRD PARTY COSTS YOU INCUR TO USE THE PRODUCT.
3. LICENSE
A. Regal Computer Services grants you a personal, limited, non-exclusive license to use the Product for your non-commercial use. To the fullest extent permitted by applicable law, this license granted to use the Product is non-transferable. You may not rent, lease, lend, sell, redistribute or sublicense the Product. You may not copy (except as expressly permitted by this license and any other applicable terms, conditions, or usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Product, any updates, or any part thereof (except as and only to the extent allowed by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the licensed application). You may not remove or alter Regal Computer Services or its licensors trademarks or logos, or legal notices included in the Product or related assets. Any attempt to use the Product in breach of the terms of this Agreement is a violation of the rights of Regal Computer Services and its licensors. The terms of this Agreement will govern any upgrades provided by Regal Computer Services that replace and/or supplement the Product, unless such upgrade is accompanied by a separate (and/or updated) agreement in which case the terms of that agreement will govern.
B. If the Product is an App then unless expressly authorized by Regal Computer Services in writing installation and use is restricted to an authorized Device; and you are prohibited from making a copy of the App available on a network where it could be used or downloaded by multiple users.
C. The license rights granted to you herein are also subject to the limitations set forth below. Any use of the Product in violation of these limitations is a serious violation of the Agreement, subjects you to immediate termination of your license.
You agree that you will not, under any circumstances:
i. use, develop, host or distribute cheats, automation software (bots), modded lobbies, hacks, mods or any other unauthorized third-party software in connection with the Product, or engage in any form of cheating, boosting, or booting;
ii. exploit or reverse engineer the Product (or any of its parts), for any commercial purpose, including without limitation (a) to enable use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of Regal Computer Services; (b) for gathering in-game currency, items or resources for sale outside the Product; (c) performing in-game services in exchange for payment outside the Product, e.g., power-leveling; or (d) the sale of accounts, log-in information, or other Product materials, access, or rights;
iii. use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Product;
iv. except as authorized by Regal Computer Services in writing, host, provide or develop matchmaking services for the Product, or intercept, emulate or redirect the communication protocols used by Regal Computer Services in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
v. facilitate, create or maintain any unauthorized connection to the Product, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Product; and (b) any connection using programs or tools not expressly approved by Regal Computer Services in writing;
vi. violate any applicable law or regulation in connection with your use of Product;
vii. disrupt or assist in the disruption of: (i) any computer, device or server used to support the Product; or (ii) any other player's use of a Product;
viii. interfere or attempt to interfere with the operation of the Product in any way through any means or device including, but not limited to, launching a denial of service attack, spamming, hacking, or uploading computer viruses or time bombs; or
ix. reproduce, distribute, display, transfer or use any part of the Product except as expressly authorized by Regal Computer Services; or
x. scrape, copy, aggregate, redistribute, alter, reproduce or re-use any user's (whether specific to any particular user or as an aggregation) information accessible through the Product. You understand that access to the Product may result in access to other user's names, screen names, email addresses and other information which is protected by applicable data protection and privacy laws and regulations. You understand, acknowledge and agree that any Personal Information from other users constitute the confidential information of Regal Computer Services.
4. SERVICES
Separate from any license to use the intellectual property of Regal Computer Services or its licensors set out in Section 3 above, some Products also contain game features or content that are only accessible through online hosting and/or other online services and functionality provided by Regal Computer Services ("Services"). As detailed in Section 2, you will provide Internet access necessary to use these services at your own cost and expenses. All such Services are provided to you by Regal Computer Services on a personal, non-commercial and non-transferable basis. All such Services are provided subject to the terms of this Agreement, and such additional terms, if any, as may be applicable to such Services.
5. USE OF DATA
PLEASE CONTACT SUPPORT@REGALCOMPUTERSERVICES.COM IF YOU REQUIRE A COPY OF THE DATA WE STORE IN RELATION TO YOUR ACCOUNT AND SERVICES OR TO REQUEST WE TERMINATE/DESTROY SAID INFORMATION.
6. USER GENERATED CONTENT
A. The Product may include message boards, content sharing features, and other means by which you and other users may share content that you create ("UGC"). To the fullest extent permitted by applicable law, by submitting any UGC (including without limitation, images, videos, customer service submissions, idea submissions, suggestions and message postings) you automatically grant (or represent and warrant that the owner of such rights has expressly granted) Regal Computer Services a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such UGC or incorporate such UGC content into any form, medium, or technology now known or later developed throughout the universe, and agree that Regal Computer Services shall be entitled to unrestricted use of the UGC for any purpose whatsoever, commercial or otherwise, without compensation, notice or attribution. You waive and agree not to assert any moral or similar rights you may have in any of your UGC.
B. To the extent the Product permits other users to access and use your UGC, you also grant all other users of the Product the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the Product without further notice, attribution or compensation to you.
C. You represent and warrant that any UGC you provide (i) does not and will not violate any third party intellectual property rights and/or any other person's rights, including, without limitation, any privacy rights and/or so-called "moral rights"; and (ii) its use as contemplated herein does not and will not require the payment of any royalty or any consideration to a third party. You may not upload or post any UGC that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload any UGC that violates any third party's right of privacy or right of publicity, or may require the payment of a royalty or other consideration to a third party. You are responsible and liable for any UGC you place on or through the Product, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material. You may only upload your own UGC to the Product; do not upload anyone else's UGC.
D. Regal Computer Services has no obligation to monitor, approve, verify, or prescreen any UGC that you and other users may contribute to or through the Product. Regal Computer Services reserves the right (but has no obligation) to remove, block, edit, move or disable UGC for any reason in Regal Computer Services sole discretion. To the maximum extent permitted by applicable law, Regal Computer Services does not assume any responsibility or liability for your UGC or that of other users, or for any failure to monitor, edit, or remove UGC. You agree that you shall not hold Regal Computer Services liable for any loss or damage arising from the contents of any UGC (yours or another user's) including without limitation in respect of any defamation, harassment, or false endorsement claims.
E. Listed below are some, though not all, serious violations that may result in Regal Computer Services terminating or suspending your access to the Product and/or restricting your ability to access and/or post UGC. You agree not to do any of the following actions while using the Product:
i. Harass, threaten, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
ii. Transmit any UGC that Regal Computer Services considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, sexually, ethnically or otherwise objectionable;
iii. Impersonate any person or entity, including but not limited to Regal Computer Services;
iv. Disrupt normal Product functionality, or otherwise act in a manner that negatively affects other participants and/or the overall Product experience;
v. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation;
vi. Intentionally or unintentionally violate any applicable law, regulation or treaty while using or accessing the Product;
vii. Post multiple posts of the same content (e.g., "spam"); or
viii. Invade the privacy or violate or infringe any right of any person or entity, including, without limitation, any intellectual property right.
F. REGAL COMPUTER SERVICES DOES NOT ENDORSE, OR GUARANTEE THE ACCURACY, EFFICACY OR VERACITY OF, ANY UGC GENERATED BY USERS.
G. Some Products may permit you to share certain information about yourself with the public, including people who may not be registered users of the Product, and the public may access and use that information and associate it with you. You acknowledge and confirm that you have no expectation of privacy when using such Product features, including without limitation, uploading or submitting UGC; comparing your statistics, personal bests and leaderboards against other users; searching for other users by username; discovering events that other users have signed up for, and linking to social media accounts that publicly display user information.
7. COPYRIGHT NOTICE
A. Regal Computer Services respects the intellectual property rights of others and expects its players and the users of its services to do the same. If you believe that any content appearing in the Product and/or UGC has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below.
B. Please be aware that to be effective, your copyright infringement notification must comply with the Digital Millennium Copyright Act ("DMCA"). You are encouraged to review 17 U.S.C. § 512(c)(3) of the DMCA or consult with an attorney prior to sending a notice hereunder.
C. To file a copyright infringement notice, you will need to send a written communication that includes the following to the address listed below:
A. Your name, address, telephone number, and email address;
B. A description of the copyrighted work that you claim has been infringed;
C. The exact URL or a description of where the alleged infringing material is located;
D. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
E. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
F. A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Regal Computer Services.
9234 Kingston Pike #347, Knoxville, TN 37922-2380
e-Mail: support@regalcomputerservices.com
G. Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.
8. REGAL COMPUTER SERVICES / INFINITUM VITAS ACCOUNTS
YOU ARE RESPONSIBLE FOR ALL ACTIVITY ON YOUR ACCOUNT. YOU SHOULD NOT REVEAL YOUR ACCOUNT PASSWORD TO OTHERS.
A. REGISTRATION
If the Product requires you to provide registration information, all such requirements to provide information are subject to this Agreement, together with any other Third Party Terms. You have the option of providing such information or not. However, should you choose to not provide the information, your access to the Product may be limited or non-available. If you do decide to provide us with the requested information, you represent and warrant that you will provide only true, current and accurate information. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity. From time to time, you may be asked to confirm your registration information (such as your email address) to continue using the Product; if you choose not to do so, your access to the Product may be restricted or terminated. You agree to update your registration data to keep it current and accurate within a reasonable time after any change to that data.
B. ELIGIBILITY
You affirm that you are at least the age specified in any applicable age rating or restriction specified for the Product, and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in this Agreement, and to abide and comply with this Agreement.
Subject to any applicable age ratings or other restrictions, you may establish an Regal Computer Services account only if (i) you are 18 years of age and a "natural person" in your country of residence, or (ii) if your parent or guardian reads and accepts the terms of this Agreement on their and your behalf if you are aged 13 or over but under 18 years of age. Corporations, limited liability companies, partnerships and other legal or business entities may not establish an account. Individuals prohibited by Regal Computer Services from using the Product may not create or use an account. By accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements.
C. PARENTS AND GUARDIANS
You agree that you will be responsible for all uses of the account by your child whether or not such uses were authorized by you.
D. USERNAMES:
When you choose a username or a player name, or otherwise create a label that can be seen by other users, you must abide by the following guidelines as well as the rules of common decency. If Regal Computer Services finds such a name to be offensive or improper, it may, in its sole and absolute discretion, change or remove the name, and/or suspend or terminate your use of the. In particular, you may not use any name:
i. Belonging to another person with the intent to impersonate that person, including without limitation any Product administrators or any other employee or agent of Regal Computer Services;
ii. That incorporates vulgar language or which is otherwise offensive, defamatory, obscene, hateful, or racially, sexually, ethnically or otherwise objectionable;
iii. Belonging to any religious figure or deity;
iv. Related to drugs, sex, alcohol, or criminal activity;
v. That is subject to the rights of any other person or entity without written authorization from that person or entity;
vi. That belongs or refers to a popular culture figure, celebrity, media personality, icon or persona;
vii. That is, contains, or is substantially similar to a trademark or service mark, whether registered or not.
You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.
To the fullest extent permitted by applicable law, you are responsible for all use of your account. You must notify Regal Computer Services immediately of any unauthorized use of your username, password, account information, or any other breach of security that you become aware of relating to your Account. Such notification should be made via the Customer Support web page at https://infinitumvitas.com.
9. SERVICE PROVIDED CONTENT
A. "Service Provided Content" consists of those materials provided to Product users (with or without an account as applicable) such as unlockable content, virtual assets, codes, achievements, etc. You understand that while at times you may "earn" "buy" or "purchase" "Service Provided Content"; you do not in fact own or have any property interest in the "Service Provided Content" and the price of any "Service Provided Content" does not refer to any credit balance of real currency or its equivalent. Rather, any Service Provided Content that you receive is licensed to you as set out on Section 3 and subject to all other terms of this Agreement.
B. Regal Computer Services does not recognize the transfer of accounts or Service Provided Content. You may not purchase, sell, resell, lend, rent, gift, trade or otherwise transfer any account or Service Provided Content, or offer to purchase, sell, resell, lend, rent, gift, trade or otherwise transfer any Product account or materials, and any such attempt shall be null and void.
C. Upon termination of any Account, the Agreement, or license, you acknowledge and agree that, to the fullest extent permitted by applicable law, you shall retain no access or control over any aspect thereof.
10. CONSENT TO MONITOR
A. Communications made using a Product should not be considered private. Regal Computer Services may monitor and/or record your communications (including without limitation chat communications and messages) when you are using a Product, and you hereby provide your irrevocable, express consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any UGC or communications, including without limitation chat text and messages. Because chat and other communications may be viewed by other users, users should avoid revealing any personally identifiable information.
11. SUPPORT
If you have a complaint regarding the Product or desire further information on use of a Product, visit Regal Computer Services Customer Support web pages at https://infinitumvitas.com.
12. TERMINATION.
The license granted under this Agreement is effective until terminated by you or Regal Computer Services. Upon termination of the license, You shall cease all use of the Product, and destroy all copies, full or partial, of the Product.
13. THIRD PARTIES
The Product may enable, or require, access to other third party materials, services or web sites ("Third Party Materials"). Use of Third Party Materials may require additional terms of service.
You understand that by using any Third Party Materials you may encounter content that may be deemed offensive, indecent, or objectionable. You agree (i) to use Third Party Materials at your sole risk; (ii) that Regal Computer Services shall not have any liability to you for Third Party Materials; (iii) Regal Computer Services is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. Third Party Materials are provided solely as a convenience to you.
Your right to use the Product is also predicated on your compliance with any applicable terms of service, terms of use, and privacy policies you have agreed and accepted with Third Parties ("Third Party Terms").
Applicable third parties (such as your console account, mobile phone, or internet access account provider) may also impose limits on the use of or access to certain Products, in any case and without notice or liability. You agree that Regal Computer Services shall not be liable for any acts or omissions of such third parties.
14. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
A. WARRANTY DISCLAIMER.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED "AS IS" AND REGAL COMPUTER SERVICES DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ALL OF THE PRODUCT CONTENT WILL BE ACCURATE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, REGAL COMPUTER SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.
RESIDENTS IN THE EUROPEAN ECONOMIC AREA: CERTAIN STATUTORY CONFORMITY WARRANTIES MAY BE APPLICABLE TO YOU UNDER YOUR LOCAL LAW AND NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS. YOUR LOCAL LAWS MAY PROVIDE YOU WITH A LEGAL GUARANTEE THAT THE PRODUCT WILL BE IN LEGAL CONFORMITY AT THE TIME OF SUPPLY AND DURING THE LIFE OF THIS AGREEMENT WITH YOU. UNDER THIS LEGAL GUARANTEE, WE WILL BE LIABLE FOR LACK OF CONFORMITY OF THE PRODUCT AND YOU MAY HAVE A RIGHT TO, UNDER YOUR LOCAL LAWS: (A) HAVE THE PRODUCT BROUGHT BACK INTO CONFORMITY; OR (B) RECEIVE A PROPORTIONATE REFUND AND/OR TERMINATE THE AGREEMENT. PLEASE CONTACT REGAL COMPUTER SERVICES FOR FURTHER INFORMATION.
B. LIMITATION OF LIABILITY.
i. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND WITHOUT PREJUDICE TO STATUTORY CONFORMITY WARRANTIES THAT MAY APPLY TO YOU UNDER YOUR LOCAL LAWS, NEITHER REGAL COMPUTER SERVICES NOR ITS LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE PRODUCT INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, VIRTUAL GOODS, OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, FAILURES OF ANY THIRD PARTY BILLING SOLUTIONS OR OTHER SERVICES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL REGAL COMPUTER SERVICES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, REMOTE, SPECULATIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES.
ii. IN NO CASE SHALL REGAL COMPUTER SERVICES LIABILITY EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
iii. IMPORTANT INFORMATION RELATING TO WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, YOU MAY HAVE DIFFERENT OR ADDITIONAL RIGHTS ACCORDING TO THE APPLICABLE LAWS OF COUNTRY FROM WHICH YOU VALIDLY ACQUIRED AND USE THE PRODUCT AND IN WHICH CASE THE LIABILITY OF REGAL COMPUTER SERVICES AND ITS AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Regal Computer Services and its affiliates, and their respective officers, directors, owners, agents, employees, contractors, information providers and licensors ("Indemnified Party", and collectively the "Indemnified Parties") from and against any claims, liability, losses, costs and expenses (including attorneys' fees) incurred by an Indemnified Party in connection with (i) any breach by you of the Agreement, and/or (ii) your posting or uploading any UGC.
Regal Computer Services reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Regal Computer Services defense of such claim.
16. RISK OF LOSS
You bear all risk of loss for accessing or completing the download of any Product and for any loss of any Product that you have accessed or downloaded, including any loss due to a file corruption or Device crash.
Any Product may be available for limited periods of time, and/or subject to other access restrictions (including for example, possession of other specific Product(s) for access or use). Products may become unavailable due to potential content provider licensing restrictions or other reasons; unless otherwise required by applicable law, Regal Computer Services will not be liable to you if any Product is or becomes unavailable for download or access, for any reason, to the fullest extent permitted by applicable law.
17. AVAILABILITY
Except as otherwise set forth herein and/or as otherwise required by applicable law, Regal Computer Services does not guarantee that any particular Product or Service Provided Content will be available at all times or at any given time or that Regal Computer Services will continue to offer the Product or Service Provided Content for any particular length of time.
In addition, Products that may be accessed from, displayed on or linked to from a Device are not available in all languages or in all countries.
18. OWNERSHIP
All title, ownership, and intellectual property rights in and to the Product (including, but not limited to, any titles, trademarks, service marks, and trade names, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, and any related documentation) are owned by Regal Computer Services and/or Regal Computer Services licensor(s). The Product is licensed, not sold, for your use. Your license confers no title or ownership in this Product and should not be construed as a sale of any rights in the Product.
YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THIS AGREEMENT, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY PRODUCT OR SERVICE PROVIDED CONTENT (INCLUDING WITHOUT LIMITATION ANY VIRTUAL GOODS), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL RIGHTS IN AND TO SUCH PRODUCTS AND SERVICE PROVIDED CONTENT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF REGAL COMPUTER SERVICES AND ITS LICENSORS.
19. PAYMENT
YOU AGREE TO PAY ALL FEES AND APPLICABLE TAXES INCURRED BY YOU OR ANYONE USING A PRODUCT FROM YOUR DEVICE.
A. Payment Options / Third Party Billing Partners. You may pay for certain Products and Service Provided Content using the methods made available to you, and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by console, platform, system or Device that you use to access the Product or Service Provided Content.
B. By paying for a Product or Service Provided Content you (i) represent that you are authorized to use the payment method you have selected and that any payment information you provide is true and accurate; (ii) authorize the party charging you for the Product or Service Provided Content to take payment from you for the Product or Service Provided Content, using the payment method you have selected.
22. CHANGES TO THE AGREEMENT
Regal Computer Services reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice, and by any means, including without limitation by posting notification on any Product website, by email, through a patch process, pop-up screen or in-Product notice. Your continued use of the Product following any revision to this Agreement constitutes your acceptance of any such changes. Additionally, you may be asked to affirmatively accept updates to this Agreement from time to time. Note that if you do not affirmatively indicate your acceptance when requested, you may not be able to continue to use the Product or Service Provided Content. In relation to Products and Service Provided Content you have paid for, if you do not wish to accept a change to the Agreement, please stop using the Product or Service Provided Content and contact Regal Computer Services for refund options.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE PROGRAM. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS THE SOFTWARE.
PRODUCT LICENSE AND SERVICE AGREEMENT (the "Agreement")
You agree that your use of the Regal Computer Services/Infinitum Vitas website, application ("App"), account, product, service or other property (including Service and/or Service Provided Content as defined below), including any patches, updates, and downloadable content associated with any App or other software (collectively "Product" or "Products"), shall be subject to the terms of this Agreement.
All rights not expressly granted to you are reserved by Regal Computer Services and its licensors.
Please read and review this Agreement before using this Product. If you do not agree with or wish to accept the terms of this Agreement then please do not use the Product. By using this Product or otherwise accepting this Agreement, you agree to be bound by this Agreement and represent you satisfy all of the eligibility requirements below.
1. ELIGIBILITY
A. In order to use certain Products you may be required to:
meet minimum age requirements - see Sections 1 and 10
agree to Third Party Terms - see Section 15
open an account operated and provided by Regal Computer Services - see Section 10
B. Subject to any applicable Product age ratings, restrictions and Account requirements, Products are made available to individuals aged 13 or older. If you are aged 13 but under 18 years of age, you and your parent or guardian must review this Agreement. Parents/ guardians are jointly and severally liable for all acts (including purchases and payments for Service Provided Content) and omissions of their children aged under 18 years when using a Product. Regal Computer Services recommends that parents and guardians familiarize themselves with parental controls available on Devices they provide to their child and accompany their child if aged under 13 years of age, or the applicable age in your jurisdiction, when online.
2. ACCESS AND COSTS
You acknowledge and agree that you will provide at your own cost and expense the equipment, Internet or other connection charges, required to access and use the Product. Regal Computer Services makes no warranty that the Product can be accessed on all personal computers, games consoles, smartphones, tablets or other devices (each, a "Device", or in the plural, "Devices"), by means of any specific Internet or other connection provider, or in all countries.
YOU ARE SOLELY RESPONSIBLE FOR ANY THIRD PARTY COSTS YOU INCUR TO USE THE PRODUCT.
3. LICENSE
A. Regal Computer Services grants you a personal, limited, non-exclusive license to use the Product for your non-commercial use. To the fullest extent permitted by applicable law, this license granted to use the Product is non-transferable. You may not rent, lease, lend, sell, redistribute or sublicense the Product. You may not copy (except as expressly permitted by this license and any other applicable terms, conditions, or usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Product, any updates, or any part thereof (except as and only to the extent allowed by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the licensed application). You may not remove or alter Regal Computer Services or its licensors trademarks or logos, or legal notices included in the Product or related assets. Any attempt to use the Product in breach of the terms of this Agreement is a violation of the rights of Regal Computer Services and its licensors. The terms of this Agreement will govern any upgrades provided by Regal Computer Services that replace and/or supplement the Product, unless such upgrade is accompanied by a separate (and/or updated) agreement in which case the terms of that agreement will govern.
B. If the Product is an App then unless expressly authorized by Regal Computer Services in writing installation and use is restricted to an authorized Device; and you are prohibited from making a copy of the App available on a network where it could be used or downloaded by multiple users.
C. The license rights granted to you herein are also subject to the limitations set forth below. Any use of the Product in violation of these limitations is a serious violation of the Agreement, subjects you to immediate termination of your license.
You agree that you will not, under any circumstances:
i. use, develop, host or distribute cheats, automation software (bots), modded lobbies, hacks, mods or any other unauthorized third-party software in connection with the Product, or engage in any form of cheating, boosting, or booting;
ii. exploit or reverse engineer the Product (or any of its parts), for any commercial purpose, including without limitation (a) to enable use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of Regal Computer Services; (b) for gathering in-game currency, items or resources for sale outside the Product; (c) performing in-game services in exchange for payment outside the Product, e.g., power-leveling; or (d) the sale of accounts, log-in information, or other Product materials, access, or rights;
iii. use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Product;
iv. except as authorized by Regal Computer Services in writing, host, provide or develop matchmaking services for the Product, or intercept, emulate or redirect the communication protocols used by Regal Computer Services in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
v. facilitate, create or maintain any unauthorized connection to the Product, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Product; and (b) any connection using programs or tools not expressly approved by Regal Computer Services in writing;
vi. violate any applicable law or regulation in connection with your use of Product;
vii. disrupt or assist in the disruption of: (i) any computer, device or server used to support the Product; or (ii) any other player's use of a Product;
viii. interfere or attempt to interfere with the operation of the Product in any way through any means or device including, but not limited to, launching a denial of service attack, spamming, hacking, or uploading computer viruses or time bombs; or
ix. reproduce, distribute, display, transfer or use any part of the Product except as expressly authorized by Regal Computer Services; or
x. scrape, copy, aggregate, redistribute, alter, reproduce or re-use any user's (whether specific to any particular user or as an aggregation) information accessible through the Product. You understand that access to the Product may result in access to other user's names, screen names, email addresses and other information which is protected by applicable data protection and privacy laws and regulations. You understand, acknowledge and agree that any Personal Information from other users constitute the confidential information of Regal Computer Services.
4. SERVICES
Separate from any license to use the intellectual property of Regal Computer Services or its licensors set out in Section 3 above, some Products also contain game features or content that are only accessible through online hosting and/or other online services and functionality provided by Regal Computer Services ("Services"). As detailed in Section 2, you will provide Internet access necessary to use these services at your own cost and expenses. All such Services are provided to you by Regal Computer Services on a personal, non-commercial and non-transferable basis. All such Services are provided subject to the terms of this Agreement, and such additional terms, if any, as may be applicable to such Services.
5. USE OF DATA
PLEASE CONTACT SUPPORT@REGALCOMPUTERSERVICES.COM IF YOU REQUIRE A COPY OF THE DATA WE STORE IN RELATION TO YOUR ACCOUNT AND SERVICES OR TO REQUEST WE TERMINATE/DESTROY SAID INFORMATION.
6. USER GENERATED CONTENT
A. The Product may include message boards, content sharing features, and other means by which you and other users may share content that you create ("UGC"). To the fullest extent permitted by applicable law, by submitting any UGC (including without limitation, images, videos, customer service submissions, idea submissions, suggestions and message postings) you automatically grant (or represent and warrant that the owner of such rights has expressly granted) Regal Computer Services a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such UGC or incorporate such UGC content into any form, medium, or technology now known or later developed throughout the universe, and agree that Regal Computer Services shall be entitled to unrestricted use of the UGC for any purpose whatsoever, commercial or otherwise, without compensation, notice or attribution. You waive and agree not to assert any moral or similar rights you may have in any of your UGC.
B. To the extent the Product permits other users to access and use your UGC, you also grant all other users of the Product the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the Product without further notice, attribution or compensation to you.
C. You represent and warrant that any UGC you provide (i) does not and will not violate any third party intellectual property rights and/or any other person's rights, including, without limitation, any privacy rights and/or so-called "moral rights"; and (ii) its use as contemplated herein does not and will not require the payment of any royalty or any consideration to a third party. You may not upload or post any UGC that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload any UGC that violates any third party's right of privacy or right of publicity, or may require the payment of a royalty or other consideration to a third party. You are responsible and liable for any UGC you place on or through the Product, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material. You may only upload your own UGC to the Product; do not upload anyone else's UGC.
D. Regal Computer Services has no obligation to monitor, approve, verify, or prescreen any UGC that you and other users may contribute to or through the Product. Regal Computer Services reserves the right (but has no obligation) to remove, block, edit, move or disable UGC for any reason in Regal Computer Services sole discretion. To the maximum extent permitted by applicable law, Regal Computer Services does not assume any responsibility or liability for your UGC or that of other users, or for any failure to monitor, edit, or remove UGC. You agree that you shall not hold Regal Computer Services liable for any loss or damage arising from the contents of any UGC (yours or another user's) including without limitation in respect of any defamation, harassment, or false endorsement claims.
E. Listed below are some, though not all, serious violations that may result in Regal Computer Services terminating or suspending your access to the Product and/or restricting your ability to access and/or post UGC. You agree not to do any of the following actions while using the Product:
i. Harass, threaten, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
ii. Transmit any UGC that Regal Computer Services considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, sexually, ethnically or otherwise objectionable;
iii. Impersonate any person or entity, including but not limited to Regal Computer Services;
iv. Disrupt normal Product functionality, or otherwise act in a manner that negatively affects other participants and/or the overall Product experience;
v. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation;
vi. Intentionally or unintentionally violate any applicable law, regulation or treaty while using or accessing the Product;
vii. Post multiple posts of the same content (e.g., "spam"); or
viii. Invade the privacy or violate or infringe any right of any person or entity, including, without limitation, any intellectual property right.
F. REGAL COMPUTER SERVICES DOES NOT ENDORSE, OR GUARANTEE THE ACCURACY, EFFICACY OR VERACITY OF, ANY UGC GENERATED BY USERS.
G. Some Products may permit you to share certain information about yourself with the public, including people who may not be registered users of the Product, and the public may access and use that information and associate it with you. You acknowledge and confirm that you have no expectation of privacy when using such Product features, including without limitation, uploading or submitting UGC; comparing your statistics, personal bests and leaderboards against other users; searching for other users by username; discovering events that other users have signed up for, and linking to social media accounts that publicly display user information.
7. COPYRIGHT NOTICE
A. Regal Computer Services respects the intellectual property rights of others and expects its players and the users of its services to do the same. If you believe that any content appearing in the Product and/or UGC has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below.
B. Please be aware that to be effective, your copyright infringement notification must comply with the Digital Millennium Copyright Act ("DMCA"). You are encouraged to review 17 U.S.C. § 512(c)(3) of the DMCA or consult with an attorney prior to sending a notice hereunder.
C. To file a copyright infringement notice, you will need to send a written communication that includes the following to the address listed below:
A. Your name, address, telephone number, and email address;
B. A description of the copyrighted work that you claim has been infringed;
C. The exact URL or a description of where the alleged infringing material is located;
D. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
E. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
F. A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Regal Computer Services.
9234 Kingston Pike #347, Knoxville, TN 37922-2380
e-Mail: support@regalcomputerservices.com
G. Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.
8. REGAL COMPUTER SERVICES / INFINITUM VITAS ACCOUNTS
YOU ARE RESPONSIBLE FOR ALL ACTIVITY ON YOUR ACCOUNT. YOU SHOULD NOT REVEAL YOUR ACCOUNT PASSWORD TO OTHERS.
A. REGISTRATION
If the Product requires you to provide registration information, all such requirements to provide information are subject to this Agreement, together with any other Third Party Terms. You have the option of providing such information or not. However, should you choose to not provide the information, your access to the Product may be limited or non-available. If you do decide to provide us with the requested information, you represent and warrant that you will provide only true, current and accurate information. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity. From time to time, you may be asked to confirm your registration information (such as your email address) to continue using the Product; if you choose not to do so, your access to the Product may be restricted or terminated. You agree to update your registration data to keep it current and accurate within a reasonable time after any change to that data.
B. ELIGIBILITY
You affirm that you are at least the age specified in any applicable age rating or restriction specified for the Product, and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in this Agreement, and to abide and comply with this Agreement.
Subject to any applicable age ratings or other restrictions, you may establish an Regal Computer Services account only if (i) you are 18 years of age and a "natural person" in your country of residence, or (ii) if your parent or guardian reads and accepts the terms of this Agreement on their and your behalf if you are aged 13 or over but under 18 years of age. Corporations, limited liability companies, partnerships and other legal or business entities may not establish an account. Individuals prohibited by Regal Computer Services from using the Product may not create or use an account. By accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements.
C. PARENTS AND GUARDIANS
You agree that you will be responsible for all uses of the account by your child whether or not such uses were authorized by you.
D. USERNAMES:
When you choose a username or a player name, or otherwise create a label that can be seen by other users, you must abide by the following guidelines as well as the rules of common decency. If Regal Computer Services finds such a name to be offensive or improper, it may, in its sole and absolute discretion, change or remove the name, and/or suspend or terminate your use of the. In particular, you may not use any name:
i. Belonging to another person with the intent to impersonate that person, including without limitation any Product administrators or any other employee or agent of Regal Computer Services;
ii. That incorporates vulgar language or which is otherwise offensive, defamatory, obscene, hateful, or racially, sexually, ethnically or otherwise objectionable;
iii. Belonging to any religious figure or deity;
iv. Related to drugs, sex, alcohol, or criminal activity;
v. That is subject to the rights of any other person or entity without written authorization from that person or entity;
vi. That belongs or refers to a popular culture figure, celebrity, media personality, icon or persona;
vii. That is, contains, or is substantially similar to a trademark or service mark, whether registered or not.
You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.
To the fullest extent permitted by applicable law, you are responsible for all use of your account. You must notify Regal Computer Services immediately of any unauthorized use of your username, password, account information, or any other breach of security that you become aware of relating to your Account. Such notification should be made via the Customer Support web page at https://infinitumvitas.com.
9. SERVICE PROVIDED CONTENT
A. "Service Provided Content" consists of those materials provided to Product users (with or without an account as applicable) such as unlockable content, virtual assets, codes, achievements, etc. You understand that while at times you may "earn" "buy" or "purchase" "Service Provided Content"; you do not in fact own or have any property interest in the "Service Provided Content" and the price of any "Service Provided Content" does not refer to any credit balance of real currency or its equivalent. Rather, any Service Provided Content that you receive is licensed to you as set out on Section 3 and subject to all other terms of this Agreement.
B. Regal Computer Services does not recognize the transfer of accounts or Service Provided Content. You may not purchase, sell, resell, lend, rent, gift, trade or otherwise transfer any account or Service Provided Content, or offer to purchase, sell, resell, lend, rent, gift, trade or otherwise transfer any Product account or materials, and any such attempt shall be null and void.
C. Upon termination of any Account, the Agreement, or license, you acknowledge and agree that, to the fullest extent permitted by applicable law, you shall retain no access or control over any aspect thereof.
10. CONSENT TO MONITOR
A. Communications made using a Product should not be considered private. Regal Computer Services may monitor and/or record your communications (including without limitation chat communications and messages) when you are using a Product, and you hereby provide your irrevocable, express consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any UGC or communications, including without limitation chat text and messages. Because chat and other communications may be viewed by other users, users should avoid revealing any personally identifiable information.
11. SUPPORT
If you have a complaint regarding the Product or desire further information on use of a Product, visit Regal Computer Services Customer Support web pages at https://infinitumvitas.com.
12. TERMINATION.
The license granted under this Agreement is effective until terminated by you or Regal Computer Services. Upon termination of the license, You shall cease all use of the Product, and destroy all copies, full or partial, of the Product.
13. THIRD PARTIES
The Product may enable, or require, access to other third party materials, services or web sites ("Third Party Materials"). Use of Third Party Materials may require additional terms of service.
You understand that by using any Third Party Materials you may encounter content that may be deemed offensive, indecent, or objectionable. You agree (i) to use Third Party Materials at your sole risk; (ii) that Regal Computer Services shall not have any liability to you for Third Party Materials; (iii) Regal Computer Services is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. Third Party Materials are provided solely as a convenience to you.
Your right to use the Product is also predicated on your compliance with any applicable terms of service, terms of use, and privacy policies you have agreed and accepted with Third Parties ("Third Party Terms").
Applicable third parties (such as your console account, mobile phone, or internet access account provider) may also impose limits on the use of or access to certain Products, in any case and without notice or liability. You agree that Regal Computer Services shall not be liable for any acts or omissions of such third parties.
14. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
A. WARRANTY DISCLAIMER.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED "AS IS" AND REGAL COMPUTER SERVICES DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ALL OF THE PRODUCT CONTENT WILL BE ACCURATE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, REGAL COMPUTER SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.
RESIDENTS IN THE EUROPEAN ECONOMIC AREA: CERTAIN STATUTORY CONFORMITY WARRANTIES MAY BE APPLICABLE TO YOU UNDER YOUR LOCAL LAW AND NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS. YOUR LOCAL LAWS MAY PROVIDE YOU WITH A LEGAL GUARANTEE THAT THE PRODUCT WILL BE IN LEGAL CONFORMITY AT THE TIME OF SUPPLY AND DURING THE LIFE OF THIS AGREEMENT WITH YOU. UNDER THIS LEGAL GUARANTEE, WE WILL BE LIABLE FOR LACK OF CONFORMITY OF THE PRODUCT AND YOU MAY HAVE A RIGHT TO, UNDER YOUR LOCAL LAWS: (A) HAVE THE PRODUCT BROUGHT BACK INTO CONFORMITY; OR (B) RECEIVE A PROPORTIONATE REFUND AND/OR TERMINATE THE AGREEMENT. PLEASE CONTACT REGAL COMPUTER SERVICES FOR FURTHER INFORMATION.
B. LIMITATION OF LIABILITY.
i. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND WITHOUT PREJUDICE TO STATUTORY CONFORMITY WARRANTIES THAT MAY APPLY TO YOU UNDER YOUR LOCAL LAWS, NEITHER REGAL COMPUTER SERVICES NOR ITS LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE PRODUCT INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, VIRTUAL GOODS, OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, FAILURES OF ANY THIRD PARTY BILLING SOLUTIONS OR OTHER SERVICES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL REGAL COMPUTER SERVICES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, REMOTE, SPECULATIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES.
ii. IN NO CASE SHALL REGAL COMPUTER SERVICES LIABILITY EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
iii. IMPORTANT INFORMATION RELATING TO WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, YOU MAY HAVE DIFFERENT OR ADDITIONAL RIGHTS ACCORDING TO THE APPLICABLE LAWS OF COUNTRY FROM WHICH YOU VALIDLY ACQUIRED AND USE THE PRODUCT AND IN WHICH CASE THE LIABILITY OF REGAL COMPUTER SERVICES AND ITS AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Regal Computer Services and its affiliates, and their respective officers, directors, owners, agents, employees, contractors, information providers and licensors ("Indemnified Party", and collectively the "Indemnified Parties") from and against any claims, liability, losses, costs and expenses (including attorneys' fees) incurred by an Indemnified Party in connection with (i) any breach by you of the Agreement, and/or (ii) your posting or uploading any UGC.
Regal Computer Services reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Regal Computer Services defense of such claim.
16. RISK OF LOSS
You bear all risk of loss for accessing or completing the download of any Product and for any loss of any Product that you have accessed or downloaded, including any loss due to a file corruption or Device crash.
Any Product may be available for limited periods of time, and/or subject to other access restrictions (including for example, possession of other specific Product(s) for access or use). Products may become unavailable due to potential content provider licensing restrictions or other reasons; unless otherwise required by applicable law, Regal Computer Services will not be liable to you if any Product is or becomes unavailable for download or access, for any reason, to the fullest extent permitted by applicable law.
17. AVAILABILITY
Except as otherwise set forth herein and/or as otherwise required by applicable law, Regal Computer Services does not guarantee that any particular Product or Service Provided Content will be available at all times or at any given time or that Regal Computer Services will continue to offer the Product or Service Provided Content for any particular length of time.
In addition, Products that may be accessed from, displayed on or linked to from a Device are not available in all languages or in all countries.
18. OWNERSHIP
All title, ownership, and intellectual property rights in and to the Product (including, but not limited to, any titles, trademarks, service marks, and trade names, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, and any related documentation) are owned by Regal Computer Services and/or Regal Computer Services licensor(s). The Product is licensed, not sold, for your use. Your license confers no title or ownership in this Product and should not be construed as a sale of any rights in the Product.
YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THIS AGREEMENT, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY PRODUCT OR SERVICE PROVIDED CONTENT (INCLUDING WITHOUT LIMITATION ANY VIRTUAL GOODS), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL RIGHTS IN AND TO SUCH PRODUCTS AND SERVICE PROVIDED CONTENT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF REGAL COMPUTER SERVICES AND ITS LICENSORS.
19. PAYMENT
YOU AGREE TO PAY ALL FEES AND APPLICABLE TAXES INCURRED BY YOU OR ANYONE USING A PRODUCT FROM YOUR DEVICE.
A. Payment Options / Third Party Billing Partners. You may pay for certain Products and Service Provided Content using the methods made available to you, and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by console, platform, system or Device that you use to access the Product or Service Provided Content.
B. By paying for a Product or Service Provided Content you (i) represent that you are authorized to use the payment method you have selected and that any payment information you provide is true and accurate; (ii) authorize the party charging you for the Product or Service Provided Content to take payment from you for the Product or Service Provided Content, using the payment method you have selected.
22. CHANGES TO THE AGREEMENT
Regal Computer Services reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice, and by any means, including without limitation by posting notification on any Product website, by email, through a patch process, pop-up screen or in-Product notice. Your continued use of the Product following any revision to this Agreement constitutes your acceptance of any such changes. Additionally, you may be asked to affirmatively accept updates to this Agreement from time to time. Note that if you do not affirmatively indicate your acceptance when requested, you may not be able to continue to use the Product or Service Provided Content. In relation to Products and Service Provided Content you have paid for, if you do not wish to accept a change to the Agreement, please stop using the Product or Service Provided Content and contact Regal Computer Services for refund options.