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IMPORTANT - READ CAREFULLY: THIS SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, DOWNLOADING, COPYING OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS END USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS END USER LICENSE AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, DOWNLOAD, COPY OR USE THE GAME.
This End User License Agreement (this “Agreement”) is a legal binding agreement between you (an individual) (“you”) the end user, and Wild West Online (“WWO”). This interactive, video game software entitled Wild West Online, and any files that are delivered to you (via download, DVD, CD or otherwise) by or on behalf of WWO to enhance, fix, patch, update or otherwise modify the software programs (the “Game Client”) and any printed materials, or online or electronic documentation (the “Manual”), and all copies and derivative works of the Game Client or the Manual and the games play software residing on WWO servers (collectively, the “Game”) are the copyrighted work of WWO. The Game is protected by intellectual property and copyright laws and treaties.
The Game is distributed and/or made available solely for use by authorized end users according to the terms of this Agreement. Any reproduction, modification, distribution or other use of the Game or any element thereof not expressly authorized by the terms of this Agreement is expressly prohibited. As a condition precedent to WWO licensing to you the right to install and otherwise use the Game Client on your computer or game device, you must accept, agree to be bound by and continue your compliance with the terms and conditions of this Agreement, the Terms of Service and the Privacy Policy.
1. Grant of Limited, Non-Exclusive License. The Game Client will enable you to play the Game by accessing your account with the Service (the “Account”). WWO hereby grants to you, and you hereby accept, a limited, non-exclusive license to (a) install the Game Client on one or more computers or game devices owned by you or under your legitimate and exclusive control, and (b) use the Game Client for Game play exclusively in conjunction with the Service, for non-commercial entertainment purposes only.
2. Service; Terms of Service; Privacy Policy. This Game is played online over the Internet through the Service as provided by WWO. You understand and agree that (i) WWO does not provide Internet access and you are responsible for obtaining such access and all costs and fees associated with your Internet connection; and (ii) the Service is provided by WWO at its sole and absolute discretion, and may be terminated or otherwise discontinued by WWO at any time and from time to time, for any reason or no reason, without notice pursuant to the Terms of Service, and neither WWO nor any of its affiliates, licensees, or contractors will incur any liability to you as a result of such termination. You must accept the Terms of Service and the Privacy Policy in order to access the Service to play or otherwise use the Game or any element thereof.
3. Intellectual Property Rights. As between you and WWO, all right, title, interest, license and intellectual and other property rights in and to the Game (and all elements thereof, including any enhancements, fixes, patches, updates and other modifications relating thereto) and all copies or other reproductions thereof (including, without limitation, the copyright and other intellectual property rights in any titles, computer code, images, photographs, animations, video, audio, music, themes, objects, characters, character names or profile information, stories, dialog, catch phrases, locations, concepts, artwork, character, structural or landscape designs, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, in-game chat transcripts, any related documentation or text incorporated into the Game or recordings or replays of any portion of the Game) are exclusively owned or licensed by WWO. All right, title, license and intellectual and other property rights in and to the content of any third party which may appear in, or be accessed through use of the Game are the property of the respective content owner (or their licensees), who may enforce its or their rights in the event of any violation of this Agreement. The Game is, and third party content may be, protected by applicable copyright or other intellectual property laws and treaties. By playing the Game or using the Service, you agree (a) to be bound by such laws and treaties, and (b) that you have no rights to use the Game or third party content other than as set forth herein. If the Game Client contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation for your private use. You may not copy the printed or digital materials accompanying the Game Client. All rights not expressly granted are reserved by WWO. You may not transfer or otherwise assign all or any portion of your rights, duties or obligations under this Agreement to any person, except as specifically provided under Section 4(d) of this Agreement.
4. Your Additional Duties and Obligations
a. Certain Restricted Actions. You may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game, or any element thereof or otherwise seek to discover the source code, components, digital rights management, format or other protocols associated with the Game or remove or alter any proprietary notices or labels on the Game. Failure to comply with the restrictions and limitations contained in this Section shall result in the immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability.
b. Additional Restricted Actions. You agree that you will not, under any circumstances:
i. rent, lease, lend, sell, sublicense, assign, or auction any portion of the Game or allow another party access to your Account information.
ii. use cheats, automation software (bots), hacks, mods or any other third-party software designed to modify, enhance, or otherwise alter the Service, the Game Client or the Game experience without the express written consent of WWO.
iii. exploit the Game or any part thereof for any commercial purpose, including without limitation (A) use for monetary gain without the express written consent of WWO; (B) to communicate or facilitate any commercial advertisement or solicitation; (C) gathering in-game currency, items or resources for sale outside the Game without WWO’s authorization; and (D) performing in-game services in exchange for payment outside the Game (e.g., power-leveling or public performances).
iv. host, provide or develop services for the Game or intercept, emulate or redirect the communication protocols used by or on behalf of WWO (or any of its licensees or authorized agents) in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks.
v. facilitate, create or maintain any unauthorized connection to the Game, including without limitation (A) any connection to any unauthorized server that emulates, or attempts to emulate, the Service or the Game Client; and (B) any connection using programs or tools not expressly approved by WWO.
vi. use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Game, including without limitation any software that reads areas of Random Access Memory (“RAM”) used by the Game Client or the Service to store information about a character or a Game environment.
vii. modify or cause to be modified any files that are a part of the Game Client or the Service in any way not expressly authorized by WWO.
viii. fail at any time to comply with the Terms of Service and the Privacy Policy.
ix. use or otherwise access the Game in violation of the terms of this Agreement.
c. Age. As a condition precedent to any licenses being granted to you under this Agreement, (i) you must be 18 years of age or older; and (ii) you must be at least of the age of majority in your place of residence. You agree to this Terms of Use on behalf of yourself and, at your discretion, for your minor child for whom you are a parent or guardian and whom you have authorized to play the Game using the license granted to you. You agree that you will be responsible for all use of the Game by your child whether or not such uses were authorized by you, including without limitation, your child’s acceptance of this Agreement, the Terms of Service, the Code of Conduct and the Privacy Policy.
5. Restricted Game Client. YOU ACKNOWLEDGE AND AGREE THAT THE GAME MAY ENABLE WWO (OR A THIRD PARTY ON BEHALF OF WWO) TO MONITOR YOUR COMPUTER’S RAM FOR RESTRICTED SOFTWARE THAT OPERATES CONCURRENTLY WITH THE GAME, WITHOUT NOTICE TO OR CONSENT FROM YOU. FOR PURPOSES OF THIS AGREEMENT, THE TERM “RESTRICTED SOFTWARE” MEANS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY “ADD ON,” “MOD,” “MODIFICATION,” “HACK,” “TRAINER,” “CHEAT,” OR OTHER ELEMENT THAT, IN WWO'S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR OTHERWISE ALTER THE GAME INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY WWO; OR (iii) INTERCEPTS, GATHERS, SEEKS OUT, OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE GAME. IN THE EVENT THAT THE GAME DETECTS ANY RESTRICTED SOFTWARE, (i) THE GAME MAY COMMUNICATE INFORMATION BACK TO WWO (OR WWO'S DESIGNEE), INCLUDING INFORMATION REGARDING YOUR ACCOUNT, DATA REGARDING THE RESTRICTED SOFTWARE, AND SUCH OTHER INFORMATION AS WWO DEEMS NECESSARY OR PERTINENT; AND/OR (II) WWO MAY EXERCISE ALL OR ANY OF ITS RIGHTS UNDER THIS AGREEMENT, THE TERMS OF SERVICE, THE CODE OF CONDUCT AND THE PRIVACY POLICY, WITH OR WITHOUT PRIOR NOTICE TO YOU.
6. Patches and Updates. WWO (or a third party on WWO's behalf) may deploy or provide enhancement, fixes, patches, updates and other modifications to the Game that must be installed for you to continue to play the Game. WWO may update the Game remotely, including, without limitation, the Game Client residing on your computer or game machine, without your knowledge or consent, and you hereby grant to WWO and its authorized agents your consent to deploy and apply such enhancements, fixes, patches, updates and other modifications as WWO, in its sole discretion, deems necessary or advisable.
7. Changes to the Agreement. WWO may update this Agreement as the Game and the law evolve. The next time you use the Service after any such update, you may be prompted to agree to or decline the revised Agreement. You must agree to all revisions if you choose to continue playing the Game. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with Section 8. Your installation and use of any enhancements, fixes, patches, updates or other modifications to the Game Client or the Service or your continued use of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
8. Termination. WWO may terminate this Agreement at any time, for any reason or no reason at all, without your consent or any further notice to you. Upon termination of this Agreement for any reason, all licenses granted herein automatically, and without any further action by WWO, shall immediately terminate, and you must immediately and permanently destroy all copies of the Game in your possession or control and permanently remove the Game Client from all of your computers and game operating devices.
9. Limitation of Liability; Indemnification.
a. Limitation of Liability. NEITHER WWO NOR ANY OF ITS PARENT COMPANIES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, ATTORNEYS-IN-FACT, LICENSORS OR ADVISORS (THE “RELATED PERSONS”) SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR THE SERVICES OR ANY USE THEROF, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER WWO NOR ANY RELATED PERSONS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, POTIONS, ITEMS, POSTS, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME, THE SERVERS AND/OR THE SERVICE. IN NO EVENT SHALL WWO OR ANY RELATED PERSONS BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL WWO OR ANY RELATED PERSONS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL WWO'S LIABILITY (OR ANY OF THE RELATED PERSONS’ LIABILITY), WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED (IN THE AGGREGATE) THE TOTAL FEES PAID BY YOU TO WWO DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE TIME SUCH CLAIM AROSE.
b. Indemnification. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WWO AND ALL RELATED PERSONS FROM AND AGAINST ANY CLAIM, LIABILITY, LOSS, INJURY, DAMAGE, COST OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY WWO AND ANY RELATED PERSONS ARISING FROM, OUT OF OR OTHERWISE RELATING TO YOUR USE OF THE GAME, OR ANY ELEMENT THEREOF OR YOUR BREACH OF ANY DUTY OR OBLIGATION UNDER THIS AGREEMENT, THE TERMS OF SERVICE, THE CODE OF CONDUCT OR THE PRIVACY POLICY.
10. Dispute Resolution and Governing Law.
a. Binding Arbitration. If the parties are unable to resolve a Dispute through negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration as contemplated herein which shall be final and binding upon you and WWO. 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 that the AAA website www.adr.org, as updated from time to time.
b. Restrictions. You and WWO agree that any arbitration shall be limited to the Dispute between WWO and you individually. YOU ACKNOWLEDGE AND AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PARTY; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) 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.
c. Governing Law and Jurisdiction. 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 laws of the State of Delaware, without regard to choice of law principles. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within the State of Delaware, United States of America, and you and WWO hereby irrevocably consent to the exclusive personal jurisdiction of that court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
d. Equitable Relief. You hereby acknowledge and agree that (i) WWO would be irreparably damaged if the terms of this Agreement, the Terms of Service, the Code of Conduct or the Privacy Policy were breached, threatened to be breached or not specifically enforced; and (ii) in addition to such other remedies available to it at law, in equity or otherwise, WWO is hereby entitled, without providing bond, other security, or proof of damages, to seek temporary restraining orders and permanent injunctive relieve against your anticipated, actual or continued breach of your duties and obligations as contemplated under this Agreement, the Terms of Service or the Privacy Policy.
e. Severability. You and WWO agree that if any portion of this Agreement is found illegal or unenforceable, that portion shall be severed and the remainder of the Section and the rest of this Agreement shall be given full force and effect.
11. General.
a. Force Majeure. WWO shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of WWO, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond WWO’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.
Terms of Service
This Terms of Service sets forth the terms and conditions under which you are provided access to the Game Client, support, the Site, billing, and the Service for ”Wild West Online”.
1. Grant of a Limited License to Use the Service. Subject to your agreement to and continuing compliance with this Terms of Service, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with a web browser or an authorized, unmodified Game Client. You may not use the Service for any other purpose, or using any other method.
2. Additional License Limitations. The license granted to you in Section 1 is subject to the limitations set forth in this Terms of Service (collectively, the “License Limitations”). Any use of the Service or the Game Client in violation of the License Limitations will be regarded as an infringement of WWO copyrights in and to the Service and/or Game Client. You agree that you will not, under any circumstances:
a. Use cheats, automation software (bots), hacks, mods or any other third-party software designed to modify, enhance, or otherwise alter the Service, the Game Client or the Game experience without the express written consent of WWO.
b. Exploit the Game or any part thereof for any commercial purpose, including without limitation (i) use for monetary gain without the express written consent of WWO; (ii) to communicate or facilitate any commercial advertisement or solicitation; (iii) gathering in-game currency, items or resources for sale outside the Game without authorization; and (iv) performing in-game services in exchange for payment outside the Game (e.g., power-leveling or public performances).
c. host, provide or develop services for the Game or intercept, emulate or redirect the communication protocols used by or on behalf of WWO (or any of its licensees or authorized agents) in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks.
d. Facilitate, create or maintain any unauthorized connection to the Game, including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Service or the Game Client; and (ii) any connection using programs or tools not expressly approved by WWO.
e. Use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through the Game, including without limitation any software that reads areas of RAM used by the Game Client or the Service to store information about a character or a Game environment.
f. Modify or cause to be modified any files that are a part of the Game Client or the Service in any way not expressly authorized by WWO.
g. Disrupt or assist in the disruption of (i) any computer used to support the Game Client, the Service or any Game environment (each a “Server”); or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE GAME CLIENT OR THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
3. Accessing the Service.
a. Account Eligibility. You may establish a Service account (“Account”) only if (i) you are 18 years of age or older; and (ii) you are at least of the age of majority in your place of residence. By accepting this Terms of Service, you hereby represent and warrant that you meet each of these eligibility requirements.
b. Use of Service by Minors. You agree to this Terms of Use on behalf of yourself and, at your discretion, for your minor child for whom you are a parent or guardian and whom you have authorized to play the Game using the license granted to you. You agree that you will be responsible for all uses of the Account and Game by your child whether or not such uses were authorized by you, including without limitation, your child’s acceptance of this Terms of Service, the EULA and the Privacy Policy.
c. Establishing an Account. When creating or updating an Account, you are may be required to provide WWO with certain personal information such as your name, address, phone number and email address. You agree that you will supply accurate and complete information to WWO when requested, and that you will update any such information promptly after it changes.
d. Username and Password. During the Account creation process, you may be required to select a unique username and/or a password (collectively referred to hereunder as “Login Information”), and you may not share your Account or the Login Information with anyone other than as expressly set forth herein. You are responsible for maintaining the confidentiality of your Account and the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized use of your Account or disclosure of the Login Information, you must immediately notify WWO support at support@playwwo.com.
e. Character Names. You may not select a character name that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable, or that misappropriates or infringes the rights of any third party, or falsely indicative of an association with WWO. WWO may (i) modify any name which, in the sole and exclusive judgment of WWO, violates this provision without further notification to you, and (ii) take such other further disciplinary measures, including account termination, for repeated violations, as WWO deems appropriate, in its sole discretion.
4. Account Suspension/Cancelation.
a. WWO MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT(S) AT ANY TIME OR FROM TIME TO TIME, FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT ANY AND ALL GAME ASSETS AND/OR ACCOUNTS MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME OR FROM TIME TO TIME, BY OR AT THE DIRECTION OF WWO, FOR ANY REASON OR NO REASON AT ALL, INCLUDING, WITHOUT LIMITATION FOR ANY VIOLATION OF THIS TERMS OF SERVICE, THE CODE OF CONDUCT, THE EULA OR THE PRIVACY POLICY, AT THE SOLE AND EXCLUSIVE DISCRETION OF WWO. WWO EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON SERVERS OPERATED BY WWO, INCLUDING, WITHOUT LIMITATION, GAME ASSETS. YOU UNDERSTAND AND AGREE THAT WWO HAS THE RIGHT TO REMOVE ANY GAME ASSETS IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITHOUT LIABILITY OF ANY KIND TO YOU.
5. Ownership.
a. Account. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE SOLELY TO THE BENEFIT OF WWO. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, without the express written permission of WWO, and any such attempt shall be null and void and may result in the forfeiture of your Account.
b. Virtual Items. As between you and WWO, WWO owns, has licensed, or otherwise has exclusive rights to all of the content that appears in the Service or otherwise in the Game. You agree that except as set forth in the EULA, 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 the Account or stored on the Server. WWO 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, unless otherwise expressly authorized by WWO in writing. Accordingly, you may not sell in-Game items or currency for “real” money, or exchange those items or currency for value outside of the Game, without the express written permission of WWO. WWO shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking of or any other damage OR LOSS of any kind CAUSED to ANY OF THE game assets, INCLUDING, BUT NOT LIMITED TO, DELETION OF game assets UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT. The sale of Accounts and virtual items and transfer of the Accounts and virtual items between you and any other third parties may only be conducted via services provided by WWO.
6. Code of Conduct. Your use of the Game is governed by the following rules (the “Code of Conduct”) maintained and enforced exclusively by WWO. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and WWO reserves the right to deem conduct outside the spirit of the Game and to take disciplinary action as it deems appropriate, in its sole discretion, including termination and deletion of the Account. WWO reserves the right to modify this Code of Conduct at any time.
a. Character Names. In selecting a character name, you must abide by this Code of Conduct and the rules of common decency. You may not select a character name that (i) is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable; (ii) is falsely indicative of an association with WWO; (iii) misappropriates or infringes the rights of any third party; (iv) refers or belongs to a popular culture figure, celebrity, or media personality; or (v) is, contains, or is substantially similar to a trademark or service mark, whether registered or not. WWO may (x) modify any name which, in the sole and exclusive judgment of WWO, violates this provision without further notification to you, and (y) take such other further disciplinary measures, including account termination, for repeated violations, as WWO deems appropriate, in its sole discretion.
b. Rules Related to Chat. Communicating in-game with other users and representatives of WWO is referred to here as "Chat." When engaging in Chat, you may not: (i) act in a manner that is falsely indicative of an association with WWO; (ii) use language which, in the sole and absolute discretion of WWO, is deemed to be offensive, 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) take actions having a disruptive effect on the normal flow of Chat or otherwise act in a manner that negatively affects other users, including without limitation posting commercial solicitations, advertisements or other unsolicited or unwelcome messages; or (iii) 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.]
c. Rules Related to Game Play. WWO considers most conduct to be part of the Game. However, certain acts go beyond the spirt of the Game and are considered serious violations of this Code of Conduct and this Terms of Service. Those acts include, but are not necessarily limited to (i) 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 this Terms of Service; and (iii) anything that WWO considers, in its sole discretion, contrary to the spirit of the Game.
7. Restrictions and Conditions of Use
a. No Violation of Laws. You agree that you will not, in connection with your use of a Game Client or the Service, violate any applicable law or regulation. You will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity), or otherwise violates any applicable law.
b. Misuse of Service. You may not connect to or use the Service in any way not expressly permitted by this Terms of Service. Without limiting the foregoing, you agree that you will not (i) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Service or otherwise attempt to disrupt the Service or any other person's use of the Service; or (ii) attempt to gain unauthorized access to the Service, Accounts registered to other players, or the computer systems or networks connected to the Service.
c. No Data Mining. You agree that you will not (i) obtain or attempt to obtain any information from the Service or the Game Client using any method not expressly permitted by WWO; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by a Game Client or the Service, whether through the use of a network analyzer, packet sniffer or other device; or (iii) use any third-party software to collect information from or through a Game Client or the Service, including without limitation information about your character, any Account registered to you, virtual items, other players, or other Game data.
d. User Content. ”User Content” means any communications, images, sounds, and all the material and information that you upload or transmit through a Game Client or the Service, or that other users upload or transmit, including without limitation any chat text. You hereby grant WWO a perpetual, irrevocable, royalty free, worldwide, non-exclusive, license, including the right to sublicense to third parties, and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use, practice and otherwise exploit such User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you have or in the future may have in any User Content.
e. Content Screening and Disclosure. WWO does not, and cannot, pre-screen or monitor all User Content. However, WWO’s representatives may monitor and/or record your communications (including without limitation chat text whenever available) when you are using the Service or playing the Game, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy with concerning the transmission of any User Content, including without limitation chat text or voice communications. WWO des not assume any responsibility or liability for User Content that is generated by users. WWO has the right, but not the obligation, in its sole discretion, to edit, refuse to post, or remove any User Content. WWO ALSO RESERVES THE RIGHT, AT ALL TIMES AND IN ITS SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, INTERNET PROTOCOL (“IP”) ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this or any other agreement; (c) to protect its legal rights and remedies; (d) where it feels that someone's health or safety may be threatened; or (e) to report a crime or other offensive behavior.
f. Links to Third-Party Websites. The Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to WWO’s users and visitors. Such Linked Sites are not under the control of WWO, and WWO is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites and do so at your own risk, without liability to WWO.
8. Disclaimer of Warranties. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UNINTERRUPTED USE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WWO DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The entire risk of arising out of the use of the Game remains with you. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.
9. Limitation of Liability; Indemnification.
a. Limitation of Liability. NEITHER WWO NOR ANY OF ITS PARENT COMPANIES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, ATTORNEYS-IN-FACT, LICENSORS OR ADVISORS (THE “RELATED PERSONS”) SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR THE SERVICES OR ANY USE THEROF, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER WWO NOR ANY RELATED PERSONS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, POTIONS, ITEMS, POSTS, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME, THE SERVERS AND/OR THE SERVICE. IN NO EVENT SHALL WWO OR ANY RELATED PERSONS BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL WWO OR ANY RELATED PERSONS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL WWO'S LIABILITY (OR ANY OF THE RELATED PERSONS’ LIABILITY), WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED (IN THE AGGREGATE) THE TOTAL FEES PAID BY YOU TO WWO DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE TIME SUCH CLAIM AROSE.
b. Indemnification. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WWO AND ALL RELATED PERSONS FROM AND AGAINST ANY CLAIM, LIABILITY, LOSS, INJURY, DAMAGE, COST OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY WWO AND ANY RELATED PERSONS ARISING FROM, OUT OF OR OTHERWISE RELATING TO YOUR USE OF THE GAME, OR ANY ELEMENT THEREOF OR YOUR BREACH OF ANY DUTY OR OBLIGATION UNDER THIS TERMS OF SERVICE, THE CODE OF CONDUCT, THE EULA OR THE PRIVACY POLICY.
10. Disclosures.
a. Access to Computer Data. Pursuant to United States Code (U.S.C.), Title 18, Part 1, Section 2701 Part(c), WWO reserves the right to scan your system to ensure that your connection does not provide a network or security risk to it, its servers or its users.
b. Information. WWO may collect information about your computer system such as system specifications, software versions, builds and your IP address. WWO uses this information to enable developers to optimize the game and/or to troubleshoot technical issues.
WILD WEST ONLINE ONLINE PRIVACY POLICY
PLEASE READ THE FOLLOWING TERMS CAREFULLY. WHEN YOU USE ANY ONLINE GAME, SERVICE OR WEBSITE FROM WILD WEST ONLINE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONSENT TO THE COLLECTION, STORAGE AND USE OF YOUR INFORMATION AS DESCRIBED HEREIN.
What is personal information and when does Wild West Online collect it?
Personal information is information that identifies you and may be used to contact you online or offline. Wild West Online collects personal information from our online visitors during (1) contests (registration or claiming a prize); (2) warranty registration and/or during customer support or technical service requests; (3) player match up or other online services; (4) registration for games or special game-specific event participation; (5) newsletter subscriptions, referral services, and other marketing surveys and email campaigns; (6) registration for membership on our sites; (7) purchase of products or subscriptions from us online; (8) requests for services from third party service providers on our site; (9) use of “tell a friend” service; (10) use of message boards or forums or (11) use of our software or online services.
The type of personal information collected will vary depending upon the activity and may include your name, e-mail address, phone number, mobile number, home address, birth date, and credit card information. Prize winners may also be required to provide Social Security or Social Identification Number for tax purposes. We do not require personal information to obtain access to any of our sites; however, you will not be able to access certain areas that require registration unless such information is provided.
Visitors purchasing goods and services through one of our online stores may need to provide a valid credit card number and expiration date, in addition to name, shipping and billing addresses, phone number and e-mail address. Some of our online stores may employ third party contractors whose opt out instructions for promotional or marketing communications may vary from our own.
If you use our referral service to “tell a friend” about a Wild West Online product or site, we will store your friend’s name and email for a short period for the sole purpose of sending this email and to be sure that your friend does not receive multiple copies of the same email message.
What other types of information may Wild West Online collect?
We may collect demographic information such as gender, zip code, information about your computer, hardware, software, platform, media, Internet Protocol (“IP”) address and connection, information about online activity such as feature usage, game play statistics and scores, user rankings and click paths and other data that you may provide in surveys or online profiles, for instance. We may combine demographic information with personal information, such as email address, to tailor our offerings or websites to your preferences or interests.
When you play our games on your PC or console, we may retrieve information about your hardware system and how your game is used, including your IP address. We use this information to enable you to play your game over the Internet. We also use this information to troubleshoot technical issues and to better understand the behavior and preferences of our customers, so that we can improve our products and services. We will never use this information to personally identify you without your knowledge. We may use this information to generate aggregate statistics about our customers and may provide non-personally identifiable or aggregated information to advertisers and/or our partners.
Your participation in tournaments or other online game events is conditional upon you agreeing to us collecting, using, storing, transmitting and publicly displaying statistical data (such as your scores, rankings and achievements) generated through your participation.
A special note about children and teenagers
Wild West Online does not knowingly collect or store personally identifiable information from anyone under the age of 13.
Teenagers 13 or older and under 18 (or if applicable, under the age of majority in your place of residence) should ask their parents to review this Privacy Policy and to contact the Privacy Policy Administrator if they would like to opt out or express any concerns.
What happens to the information provided?
The personal information you provide will allow us to alert you to new products, features and enhancements; special offers; upgrade opportunities; and contests and events of interest.
You may opt in to allow Wild West Online to share your personal information with companies and organizations that provide products or services that we believe may be of interest to you. For example, we may share your personal information with a sport licensor or sponsor of our service on our site. You would be asked at that time if you wish to participate. We see this as a value-added service that helps you find useful products or services. We strive to limit use of your information to those offers that we think you would appreciate receiving. To opt out of further communications from a marketing partner or sponsor with whom your information has been shared, please contact that partner directly. You may also later opt out of this service from Wild West Online. See the “Choice and opt out” section below.
We may send Wild West Online emails that may contain information regarding third-party products or services; however, this does not mean that we have traded your personal information to any party.
We may use survey information in marketing surveys to select and direct advertising that is more likely to be of interest to a particular registered member. This information may be transmitted to an ad server owned by the advertising company to match registered members with ads that they are more likely to be interested in. However, we do not disclose any registered member’s personal information to our advertisers without the member’s consent. Participation in surveys is entirely optional. We may share aggregate consumer data (which does not contain personal information) with the advertising companies.
We may supplement personal information that you provide to us with personally identifiable information from third party contractors, such as credit agencies or market research firms, to enrich our profiles of individual customers and for our own marketing and demographic studies. Tying this information together helps us to consistently improve our sites and related advertising to better meet our visitors’ needs and preferences.
Please note that personal information in an online job application (such as a resume) is not subject to this Privacy Policy and will be used solely for the purpose of evaluating an applicant’s possible employment.
With whom may your personal information be shared?
We will share your personal information with third parties only in the ways described in this Privacy Policy.
We reserve the right to disclose your personal information if (1) we are required to do so by law; (2) we believe it is necessary to identify, contact or bring legal action against you for violating the Terms of Service for our site or product or for causing injury or interference to our rights or properties or to others or (3) we believe it is necessary to prevent fraud or other illegal activities.
Your personal information will become a business asset of Wild West Online and may be transferred to a successor or assign, including in the event of a merger, acquisition, reorganization, bankruptcy, sale of a line of business to a third party, or other similar event.
You may choose to disclose information, including personal information, about yourself in our online chat rooms, message boards, user profiles for public view or in similar forums on our sites. Information that you disclose in any of these forums is public information, and there is no expectation of privacy or confidentiality there. You should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personal information you choose to submit in these forums. If your personal information is posted, you may contact the Privacy Policy Administrator. We cannot guarantee that we will be able to remove your personal information, but if we cannot do so, we will explain the reasons.
Who Is Collecting Your Information?
The information you provide is collected by Wild West Online, its parent and its various affiliate companies, unless specifically stated otherwise. Therefore, you may receive communications from any of Wild West Online’s affiliates.
From time to time, Wild West Online may employ third party contractors to collect personal information on our behalf to provide email delivery; product, prize or promotional fulfillment; contest administration; credit card processing; shipping or other services on our sites. When requesting these services, you may be asked to supply your name, mailing address, telephone number and email address to our contractors.
When our third party contractors collect and/or have access to the personal information you provide to Wild West Online, Wild West Online requires that they adhere to our stated privacy policies and protect the confidentiality of personal information they collect or have access to in the course of their engagement by Wild West Online. These third parties are prohibited from using your personally identifiable information for any other purpose without your specific consent.
You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party. If you do share your information, to opt out from receiving further communications from any third party that is not our agent/service provider, please contact that marketing partner or affiliate directly. To enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, we may also disclose personal information to law enforcement, or the appropriate civil authorities when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our site.
Certain products and/or services available on our site are provided to you in partnership with third parties and may require you to disclose personally identifiable information in order to register for and access such products and/or services. Such products and/or services shall identify the third party partners at the point of registration. If you elect to register for such products and/or services your personally identifiable information will be transferred to such third parties and will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy practices and policies of such third parties and, therefore, you should review the privacy practices and policies of such third parties prior to providing your personally identifiable information in connection with such products and/or services.
What about cookies and other tracking technologies?
We use cookies and other tracking technologies to passively collect demographic information, personalize your experience on our site and monitor advertisements and other activities. Cookies are small files downloaded to your computer to track movements within websites. We may link cookie information to personal information. For example, we use cookies to keep track of your shopping cart, to remember your settings, to deliver content specific to your interest, to make sure you do not see the same ad repeatedly and to monitor website and game usage as well as which ads or links are clicked. We use this information to improve our services, our site and our marketing campaigns.
Some of our sites use an outside ad company to display ads. These ads may contain cookies. Cookies received with banner ads are collected by our ad companies, and Wild West Online does not have access to this information. Most browsers are automatically set to accept cookies whenever you visit a website. You can disable cookies or set your browser to alert you when cookies are being sent. However some areas of our sites will not function properly if you do so. Please note that this Privacy Policy covers the use of cookies by Wild West Online only and does not cover the use of cookies by any advertisers.
Other technologies used include clear GIFs, IP address logging and local storage objects. Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an e-mail message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or e-mail message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.
We also maintain log files which contain IP addresses. An IP address is a numeric address that is assigned to your computer by your Internet Service Provider. In general, we only use log files to monitor traffic on our websites, to report aggregate information to our advertisers and to troubleshoot technical problems. In the event of user abuse of our websites, however, we may block certain IP addresses or console IDs provided by our licensed hardware manufacturers. IP addresses and console IDs may be used to personally identify you in order to enforce our Terms of Service.
Where is the information held?
Wild West Online is a global organization and many of the computer systems on which Wild West Online collects, stores, and uses the information it collects or receives are based in Australia, Europe, the United States and elsewhere. Your personal information may be transferred to, used, processed or held by Wild West Online in the United States and in other countries, including countries both in and outside the European Union, and used for the purposes set out in this Privacy Policy.
Choice and opt out
When we first collect information about you, we will offer you the opportunity to opt out of having your personal information shared with parties outside of Wild West Online (except to the extent required by law, court order, or as requested by other government or law enforcement authority). In addition, if you do not want Wild West Online to send you e-mail or postal mail about our products and services, you can opt out at the time of registration or information collection. If, at a later date, you no longer wish to receive our newsletter and marketing communications, you may opt out of receiving them by following the instructions included in each newsletter or communication, visiting the site in which you provided your information and changing your preferences, or by contacting the Privacy Policy Administrator in the United States.
Safeguarding your personal information
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact the Privacy Policy Administrator in the United States.
Review, correction of your information, requesting removal from mailing lists and deactivating your account
Should you wish to have your account(s) deactivated contact the Privacy Policy Administrator in your country, or if your country is not listed, by contacting the Privacy Policy Administrator in the United States. We will be happy to review, update or remove information as appropriate. We may still retain your information in our files however, to resolve disputes, enforce our user agreement, and due to technical and legal requirements and constraints related to the security, integrity and operation of our websites.
I hereby acknowledge and agree that (i) that I have read and understand the foregoing Agreement, the Terms of Service and the Privacy Policy; (ii) I am at least 18 years of age, AND if I am not at least of the age of majority in my place of residence, I have obtained all necessary parental consent to enter into and be bound by this Agreement, the Terms of Service and the Privacy Policy ; and (iii) I agree that by clicking “Accept” (or other wording indicating my acceptance) or installing the Game Client I am acknowledging my agreement to be bound by the terms and conditions of this Agreement, the Terms of Service and the Privacy Policy and acknowledge that I must have a valid method of payment to access the Game service.
If you do NOT qualify or do NOT agree to be bound by this Agreement, the Terms of Service or the Privacy Policy, click “DECLINE” or refrain from clicking similar terms indicative of acceptance.
This End User License Agreement (this “Agreement”) is a legal binding agreement between you (an individual) (“you”) the end user, and Wild West Online (“WWO”). This interactive, video game software entitled Wild West Online, and any files that are delivered to you (via download, DVD, CD or otherwise) by or on behalf of WWO to enhance, fix, patch, update or otherwise modify the software programs (the “Game Client”) and any printed materials, or online or electronic documentation (the “Manual”), and all copies and derivative works of the Game Client or the Manual and the games play software residing on WWO servers (collectively, the “Game”) are the copyrighted work of WWO. The Game is protected by intellectual property and copyright laws and treaties.
The Game is distributed and/or made available solely for use by authorized end users according to the terms of this Agreement. Any reproduction, modification, distribution or other use of the Game or any element thereof not expressly authorized by the terms of this Agreement is expressly prohibited. As a condition precedent to WWO licensing to you the right to install and otherwise use the Game Client on your computer or game device, you must accept, agree to be bound by and continue your compliance with the terms and conditions of this Agreement, the Terms of Service and the Privacy Policy.
1. Grant of Limited, Non-Exclusive License. The Game Client will enable you to play the Game by accessing your account with the Service (the “Account”). WWO hereby grants to you, and you hereby accept, a limited, non-exclusive license to (a) install the Game Client on one or more computers or game devices owned by you or under your legitimate and exclusive control, and (b) use the Game Client for Game play exclusively in conjunction with the Service, for non-commercial entertainment purposes only.
2. Service; Terms of Service; Privacy Policy. This Game is played online over the Internet through the Service as provided by WWO. You understand and agree that (i) WWO does not provide Internet access and you are responsible for obtaining such access and all costs and fees associated with your Internet connection; and (ii) the Service is provided by WWO at its sole and absolute discretion, and may be terminated or otherwise discontinued by WWO at any time and from time to time, for any reason or no reason, without notice pursuant to the Terms of Service, and neither WWO nor any of its affiliates, licensees, or contractors will incur any liability to you as a result of such termination. You must accept the Terms of Service and the Privacy Policy in order to access the Service to play or otherwise use the Game or any element thereof.
3. Intellectual Property Rights. As between you and WWO, all right, title, interest, license and intellectual and other property rights in and to the Game (and all elements thereof, including any enhancements, fixes, patches, updates and other modifications relating thereto) and all copies or other reproductions thereof (including, without limitation, the copyright and other intellectual property rights in any titles, computer code, images, photographs, animations, video, audio, music, themes, objects, characters, character names or profile information, stories, dialog, catch phrases, locations, concepts, artwork, character, structural or landscape designs, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, in-game chat transcripts, any related documentation or text incorporated into the Game or recordings or replays of any portion of the Game) are exclusively owned or licensed by WWO. All right, title, license and intellectual and other property rights in and to the content of any third party which may appear in, or be accessed through use of the Game are the property of the respective content owner (or their licensees), who may enforce its or their rights in the event of any violation of this Agreement. The Game is, and third party content may be, protected by applicable copyright or other intellectual property laws and treaties. By playing the Game or using the Service, you agree (a) to be bound by such laws and treaties, and (b) that you have no rights to use the Game or third party content other than as set forth herein. If the Game Client contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation for your private use. You may not copy the printed or digital materials accompanying the Game Client. All rights not expressly granted are reserved by WWO. You may not transfer or otherwise assign all or any portion of your rights, duties or obligations under this Agreement to any person, except as specifically provided under Section 4(d) of this Agreement.
4. Your Additional Duties and Obligations
a. Certain Restricted Actions. You may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game, or any element thereof or otherwise seek to discover the source code, components, digital rights management, format or other protocols associated with the Game or remove or alter any proprietary notices or labels on the Game. Failure to comply with the restrictions and limitations contained in this Section shall result in the immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability.
b. Additional Restricted Actions. You agree that you will not, under any circumstances:
i. rent, lease, lend, sell, sublicense, assign, or auction any portion of the Game or allow another party access to your Account information.
ii. use cheats, automation software (bots), hacks, mods or any other third-party software designed to modify, enhance, or otherwise alter the Service, the Game Client or the Game experience without the express written consent of WWO.
iii. exploit the Game or any part thereof for any commercial purpose, including without limitation (A) use for monetary gain without the express written consent of WWO; (B) to communicate or facilitate any commercial advertisement or solicitation; (C) gathering in-game currency, items or resources for sale outside the Game without WWO’s authorization; and (D) performing in-game services in exchange for payment outside the Game (e.g., power-leveling or public performances).
iv. host, provide or develop services for the Game or intercept, emulate or redirect the communication protocols used by or on behalf of WWO (or any of its licensees or authorized agents) in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks.
v. facilitate, create or maintain any unauthorized connection to the Game, including without limitation (A) any connection to any unauthorized server that emulates, or attempts to emulate, the Service or the Game Client; and (B) any connection using programs or tools not expressly approved by WWO.
vi. use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Game, including without limitation any software that reads areas of Random Access Memory (“RAM”) used by the Game Client or the Service to store information about a character or a Game environment.
vii. modify or cause to be modified any files that are a part of the Game Client or the Service in any way not expressly authorized by WWO.
viii. fail at any time to comply with the Terms of Service and the Privacy Policy.
ix. use or otherwise access the Game in violation of the terms of this Agreement.
c. Age. As a condition precedent to any licenses being granted to you under this Agreement, (i) you must be 18 years of age or older; and (ii) you must be at least of the age of majority in your place of residence. You agree to this Terms of Use on behalf of yourself and, at your discretion, for your minor child for whom you are a parent or guardian and whom you have authorized to play the Game using the license granted to you. You agree that you will be responsible for all use of the Game by your child whether or not such uses were authorized by you, including without limitation, your child’s acceptance of this Agreement, the Terms of Service, the Code of Conduct and the Privacy Policy.
5. Restricted Game Client. YOU ACKNOWLEDGE AND AGREE THAT THE GAME MAY ENABLE WWO (OR A THIRD PARTY ON BEHALF OF WWO) TO MONITOR YOUR COMPUTER’S RAM FOR RESTRICTED SOFTWARE THAT OPERATES CONCURRENTLY WITH THE GAME, WITHOUT NOTICE TO OR CONSENT FROM YOU. FOR PURPOSES OF THIS AGREEMENT, THE TERM “RESTRICTED SOFTWARE” MEANS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY “ADD ON,” “MOD,” “MODIFICATION,” “HACK,” “TRAINER,” “CHEAT,” OR OTHER ELEMENT THAT, IN WWO'S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR OTHERWISE ALTER THE GAME INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY WWO; OR (iii) INTERCEPTS, GATHERS, SEEKS OUT, OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE GAME. IN THE EVENT THAT THE GAME DETECTS ANY RESTRICTED SOFTWARE, (i) THE GAME MAY COMMUNICATE INFORMATION BACK TO WWO (OR WWO'S DESIGNEE), INCLUDING INFORMATION REGARDING YOUR ACCOUNT, DATA REGARDING THE RESTRICTED SOFTWARE, AND SUCH OTHER INFORMATION AS WWO DEEMS NECESSARY OR PERTINENT; AND/OR (II) WWO MAY EXERCISE ALL OR ANY OF ITS RIGHTS UNDER THIS AGREEMENT, THE TERMS OF SERVICE, THE CODE OF CONDUCT AND THE PRIVACY POLICY, WITH OR WITHOUT PRIOR NOTICE TO YOU.
6. Patches and Updates. WWO (or a third party on WWO's behalf) may deploy or provide enhancement, fixes, patches, updates and other modifications to the Game that must be installed for you to continue to play the Game. WWO may update the Game remotely, including, without limitation, the Game Client residing on your computer or game machine, without your knowledge or consent, and you hereby grant to WWO and its authorized agents your consent to deploy and apply such enhancements, fixes, patches, updates and other modifications as WWO, in its sole discretion, deems necessary or advisable.
7. Changes to the Agreement. WWO may update this Agreement as the Game and the law evolve. The next time you use the Service after any such update, you may be prompted to agree to or decline the revised Agreement. You must agree to all revisions if you choose to continue playing the Game. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with Section 8. Your installation and use of any enhancements, fixes, patches, updates or other modifications to the Game Client or the Service or your continued use of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
8. Termination. WWO may terminate this Agreement at any time, for any reason or no reason at all, without your consent or any further notice to you. Upon termination of this Agreement for any reason, all licenses granted herein automatically, and without any further action by WWO, shall immediately terminate, and you must immediately and permanently destroy all copies of the Game in your possession or control and permanently remove the Game Client from all of your computers and game operating devices.
9. Limitation of Liability; Indemnification.
a. Limitation of Liability. NEITHER WWO NOR ANY OF ITS PARENT COMPANIES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, ATTORNEYS-IN-FACT, LICENSORS OR ADVISORS (THE “RELATED PERSONS”) SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR THE SERVICES OR ANY USE THEROF, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER WWO NOR ANY RELATED PERSONS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, POTIONS, ITEMS, POSTS, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME, THE SERVERS AND/OR THE SERVICE. IN NO EVENT SHALL WWO OR ANY RELATED PERSONS BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL WWO OR ANY RELATED PERSONS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL WWO'S LIABILITY (OR ANY OF THE RELATED PERSONS’ LIABILITY), WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED (IN THE AGGREGATE) THE TOTAL FEES PAID BY YOU TO WWO DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE TIME SUCH CLAIM AROSE.
b. Indemnification. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WWO AND ALL RELATED PERSONS FROM AND AGAINST ANY CLAIM, LIABILITY, LOSS, INJURY, DAMAGE, COST OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY WWO AND ANY RELATED PERSONS ARISING FROM, OUT OF OR OTHERWISE RELATING TO YOUR USE OF THE GAME, OR ANY ELEMENT THEREOF OR YOUR BREACH OF ANY DUTY OR OBLIGATION UNDER THIS AGREEMENT, THE TERMS OF SERVICE, THE CODE OF CONDUCT OR THE PRIVACY POLICY.
10. Dispute Resolution and Governing Law.
a. Binding Arbitration. If the parties are unable to resolve a Dispute through negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration as contemplated herein which shall be final and binding upon you and WWO. 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 that the AAA website www.adr.org, as updated from time to time.
b. Restrictions. You and WWO agree that any arbitration shall be limited to the Dispute between WWO and you individually. YOU ACKNOWLEDGE AND AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PARTY; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) 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.
c. Governing Law and Jurisdiction. 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 laws of the State of Delaware, without regard to choice of law principles. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within the State of Delaware, United States of America, and you and WWO hereby irrevocably consent to the exclusive personal jurisdiction of that court. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
d. Equitable Relief. You hereby acknowledge and agree that (i) WWO would be irreparably damaged if the terms of this Agreement, the Terms of Service, the Code of Conduct or the Privacy Policy were breached, threatened to be breached or not specifically enforced; and (ii) in addition to such other remedies available to it at law, in equity or otherwise, WWO is hereby entitled, without providing bond, other security, or proof of damages, to seek temporary restraining orders and permanent injunctive relieve against your anticipated, actual or continued breach of your duties and obligations as contemplated under this Agreement, the Terms of Service or the Privacy Policy.
e. Severability. You and WWO agree that if any portion of this Agreement is found illegal or unenforceable, that portion shall be severed and the remainder of the Section and the rest of this Agreement shall be given full force and effect.
11. General.
a. Force Majeure. WWO shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of WWO, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond WWO’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.
Terms of Service
This Terms of Service sets forth the terms and conditions under which you are provided access to the Game Client, support, the Site, billing, and the Service for ”Wild West Online”.
1. Grant of a Limited License to Use the Service. Subject to your agreement to and continuing compliance with this Terms of Service, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with a web browser or an authorized, unmodified Game Client. You may not use the Service for any other purpose, or using any other method.
2. Additional License Limitations. The license granted to you in Section 1 is subject to the limitations set forth in this Terms of Service (collectively, the “License Limitations”). Any use of the Service or the Game Client in violation of the License Limitations will be regarded as an infringement of WWO copyrights in and to the Service and/or Game Client. You agree that you will not, under any circumstances:
a. Use cheats, automation software (bots), hacks, mods or any other third-party software designed to modify, enhance, or otherwise alter the Service, the Game Client or the Game experience without the express written consent of WWO.
b. Exploit the Game or any part thereof for any commercial purpose, including without limitation (i) use for monetary gain without the express written consent of WWO; (ii) to communicate or facilitate any commercial advertisement or solicitation; (iii) gathering in-game currency, items or resources for sale outside the Game without authorization; and (iv) performing in-game services in exchange for payment outside the Game (e.g., power-leveling or public performances).
c. host, provide or develop services for the Game or intercept, emulate or redirect the communication protocols used by or on behalf of WWO (or any of its licensees or authorized agents) in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks.
d. Facilitate, create or maintain any unauthorized connection to the Game, including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Service or the Game Client; and (ii) any connection using programs or tools not expressly approved by WWO.
e. Use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through the Game, including without limitation any software that reads areas of RAM used by the Game Client or the Service to store information about a character or a Game environment.
f. Modify or cause to be modified any files that are a part of the Game Client or the Service in any way not expressly authorized by WWO.
g. Disrupt or assist in the disruption of (i) any computer used to support the Game Client, the Service or any Game environment (each a “Server”); or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE GAME CLIENT OR THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
3. Accessing the Service.
a. Account Eligibility. You may establish a Service account (“Account”) only if (i) you are 18 years of age or older; and (ii) you are at least of the age of majority in your place of residence. By accepting this Terms of Service, you hereby represent and warrant that you meet each of these eligibility requirements.
b. Use of Service by Minors. You agree to this Terms of Use on behalf of yourself and, at your discretion, for your minor child for whom you are a parent or guardian and whom you have authorized to play the Game using the license granted to you. You agree that you will be responsible for all uses of the Account and Game by your child whether or not such uses were authorized by you, including without limitation, your child’s acceptance of this Terms of Service, the EULA and the Privacy Policy.
c. Establishing an Account. When creating or updating an Account, you are may be required to provide WWO with certain personal information such as your name, address, phone number and email address. You agree that you will supply accurate and complete information to WWO when requested, and that you will update any such information promptly after it changes.
d. Username and Password. During the Account creation process, you may be required to select a unique username and/or a password (collectively referred to hereunder as “Login Information”), and you may not share your Account or the Login Information with anyone other than as expressly set forth herein. You are responsible for maintaining the confidentiality of your Account and the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized use of your Account or disclosure of the Login Information, you must immediately notify WWO support at support@playwwo.com.
e. Character Names. You may not select a character name that is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable, or that misappropriates or infringes the rights of any third party, or falsely indicative of an association with WWO. WWO may (i) modify any name which, in the sole and exclusive judgment of WWO, violates this provision without further notification to you, and (ii) take such other further disciplinary measures, including account termination, for repeated violations, as WWO deems appropriate, in its sole discretion.
4. Account Suspension/Cancelation.
a. WWO MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT(S) AT ANY TIME OR FROM TIME TO TIME, FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT ANY AND ALL GAME ASSETS AND/OR ACCOUNTS MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME OR FROM TIME TO TIME, BY OR AT THE DIRECTION OF WWO, FOR ANY REASON OR NO REASON AT ALL, INCLUDING, WITHOUT LIMITATION FOR ANY VIOLATION OF THIS TERMS OF SERVICE, THE CODE OF CONDUCT, THE EULA OR THE PRIVACY POLICY, AT THE SOLE AND EXCLUSIVE DISCRETION OF WWO. WWO EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON SERVERS OPERATED BY WWO, INCLUDING, WITHOUT LIMITATION, GAME ASSETS. YOU UNDERSTAND AND AGREE THAT WWO HAS THE RIGHT TO REMOVE ANY GAME ASSETS IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITHOUT LIABILITY OF ANY KIND TO YOU.
5. Ownership.
a. Account. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE SOLELY TO THE BENEFIT OF WWO. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, without the express written permission of WWO, and any such attempt shall be null and void and may result in the forfeiture of your Account.
b. Virtual Items. As between you and WWO, WWO owns, has licensed, or otherwise has exclusive rights to all of the content that appears in the Service or otherwise in the Game. You agree that except as set forth in the EULA, 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 the Account or stored on the Server. WWO 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, unless otherwise expressly authorized by WWO in writing. Accordingly, you may not sell in-Game items or currency for “real” money, or exchange those items or currency for value outside of the Game, without the express written permission of WWO. WWO shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking of or any other damage OR LOSS of any kind CAUSED to ANY OF THE game assets, INCLUDING, BUT NOT LIMITED TO, DELETION OF game assets UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT. The sale of Accounts and virtual items and transfer of the Accounts and virtual items between you and any other third parties may only be conducted via services provided by WWO.
6. Code of Conduct. Your use of the Game is governed by the following rules (the “Code of Conduct”) maintained and enforced exclusively by WWO. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and WWO reserves the right to deem conduct outside the spirit of the Game and to take disciplinary action as it deems appropriate, in its sole discretion, including termination and deletion of the Account. WWO reserves the right to modify this Code of Conduct at any time.
a. Character Names. In selecting a character name, you must abide by this Code of Conduct and the rules of common decency. You may not select a character name that (i) is offensive, defamatory, vulgar, obscene, sexually explicit, racially, ethnically, or otherwise objectionable; (ii) is falsely indicative of an association with WWO; (iii) misappropriates or infringes the rights of any third party; (iv) refers or belongs to a popular culture figure, celebrity, or media personality; or (v) is, contains, or is substantially similar to a trademark or service mark, whether registered or not. WWO may (x) modify any name which, in the sole and exclusive judgment of WWO, violates this provision without further notification to you, and (y) take such other further disciplinary measures, including account termination, for repeated violations, as WWO deems appropriate, in its sole discretion.
b. Rules Related to Chat. Communicating in-game with other users and representatives of WWO is referred to here as "Chat." When engaging in Chat, you may not: (i) act in a manner that is falsely indicative of an association with WWO; (ii) use language which, in the sole and absolute discretion of WWO, is deemed to be offensive, 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) take actions having a disruptive effect on the normal flow of Chat or otherwise act in a manner that negatively affects other users, including without limitation posting commercial solicitations, advertisements or other unsolicited or unwelcome messages; or (iii) 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.]
c. Rules Related to Game Play. WWO considers most conduct to be part of the Game. However, certain acts go beyond the spirt of the Game and are considered serious violations of this Code of Conduct and this Terms of Service. Those acts include, but are not necessarily limited to (i) 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 this Terms of Service; and (iii) anything that WWO considers, in its sole discretion, contrary to the spirit of the Game.
7. Restrictions and Conditions of Use
a. No Violation of Laws. You agree that you will not, in connection with your use of a Game Client or the Service, violate any applicable law or regulation. You will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity), or otherwise violates any applicable law.
b. Misuse of Service. You may not connect to or use the Service in any way not expressly permitted by this Terms of Service. Without limiting the foregoing, you agree that you will not (i) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Service or otherwise attempt to disrupt the Service or any other person's use of the Service; or (ii) attempt to gain unauthorized access to the Service, Accounts registered to other players, or the computer systems or networks connected to the Service.
c. No Data Mining. You agree that you will not (i) obtain or attempt to obtain any information from the Service or the Game Client using any method not expressly permitted by WWO; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by a Game Client or the Service, whether through the use of a network analyzer, packet sniffer or other device; or (iii) use any third-party software to collect information from or through a Game Client or the Service, including without limitation information about your character, any Account registered to you, virtual items, other players, or other Game data.
d. User Content. ”User Content” means any communications, images, sounds, and all the material and information that you upload or transmit through a Game Client or the Service, or that other users upload or transmit, including without limitation any chat text. You hereby grant WWO a perpetual, irrevocable, royalty free, worldwide, non-exclusive, license, including the right to sublicense to third parties, and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use, practice and otherwise exploit such User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you have or in the future may have in any User Content.
e. Content Screening and Disclosure. WWO does not, and cannot, pre-screen or monitor all User Content. However, WWO’s representatives may monitor and/or record your communications (including without limitation chat text whenever available) when you are using the Service or playing the Game, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy with concerning the transmission of any User Content, including without limitation chat text or voice communications. WWO des not assume any responsibility or liability for User Content that is generated by users. WWO has the right, but not the obligation, in its sole discretion, to edit, refuse to post, or remove any User Content. WWO ALSO RESERVES THE RIGHT, AT ALL TIMES AND IN ITS SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, INTERNET PROTOCOL (“IP”) ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this or any other agreement; (c) to protect its legal rights and remedies; (d) where it feels that someone's health or safety may be threatened; or (e) to report a crime or other offensive behavior.
f. Links to Third-Party Websites. The Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to WWO’s users and visitors. Such Linked Sites are not under the control of WWO, and WWO is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites and do so at your own risk, without liability to WWO.
8. Disclaimer of Warranties. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UNINTERRUPTED USE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WWO DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The entire risk of arising out of the use of the Game remains with you. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.
9. Limitation of Liability; Indemnification.
a. Limitation of Liability. NEITHER WWO NOR ANY OF ITS PARENT COMPANIES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, ATTORNEYS-IN-FACT, LICENSORS OR ADVISORS (THE “RELATED PERSONS”) SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR THE SERVICES OR ANY USE THEROF, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER WWO NOR ANY RELATED PERSONS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, POTIONS, ITEMS, POSTS, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME, THE SERVERS AND/OR THE SERVICE. IN NO EVENT SHALL WWO OR ANY RELATED PERSONS BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL WWO OR ANY RELATED PERSONS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL WWO'S LIABILITY (OR ANY OF THE RELATED PERSONS’ LIABILITY), WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED (IN THE AGGREGATE) THE TOTAL FEES PAID BY YOU TO WWO DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE TIME SUCH CLAIM AROSE.
b. Indemnification. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WWO AND ALL RELATED PERSONS FROM AND AGAINST ANY CLAIM, LIABILITY, LOSS, INJURY, DAMAGE, COST OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY WWO AND ANY RELATED PERSONS ARISING FROM, OUT OF OR OTHERWISE RELATING TO YOUR USE OF THE GAME, OR ANY ELEMENT THEREOF OR YOUR BREACH OF ANY DUTY OR OBLIGATION UNDER THIS TERMS OF SERVICE, THE CODE OF CONDUCT, THE EULA OR THE PRIVACY POLICY.
10. Disclosures.
a. Access to Computer Data. Pursuant to United States Code (U.S.C.), Title 18, Part 1, Section 2701 Part(c), WWO reserves the right to scan your system to ensure that your connection does not provide a network or security risk to it, its servers or its users.
b. Information. WWO may collect information about your computer system such as system specifications, software versions, builds and your IP address. WWO uses this information to enable developers to optimize the game and/or to troubleshoot technical issues.
WILD WEST ONLINE ONLINE PRIVACY POLICY
PLEASE READ THE FOLLOWING TERMS CAREFULLY. WHEN YOU USE ANY ONLINE GAME, SERVICE OR WEBSITE FROM WILD WEST ONLINE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONSENT TO THE COLLECTION, STORAGE AND USE OF YOUR INFORMATION AS DESCRIBED HEREIN.
What is personal information and when does Wild West Online collect it?
Personal information is information that identifies you and may be used to contact you online or offline. Wild West Online collects personal information from our online visitors during (1) contests (registration or claiming a prize); (2) warranty registration and/or during customer support or technical service requests; (3) player match up or other online services; (4) registration for games or special game-specific event participation; (5) newsletter subscriptions, referral services, and other marketing surveys and email campaigns; (6) registration for membership on our sites; (7) purchase of products or subscriptions from us online; (8) requests for services from third party service providers on our site; (9) use of “tell a friend” service; (10) use of message boards or forums or (11) use of our software or online services.
The type of personal information collected will vary depending upon the activity and may include your name, e-mail address, phone number, mobile number, home address, birth date, and credit card information. Prize winners may also be required to provide Social Security or Social Identification Number for tax purposes. We do not require personal information to obtain access to any of our sites; however, you will not be able to access certain areas that require registration unless such information is provided.
Visitors purchasing goods and services through one of our online stores may need to provide a valid credit card number and expiration date, in addition to name, shipping and billing addresses, phone number and e-mail address. Some of our online stores may employ third party contractors whose opt out instructions for promotional or marketing communications may vary from our own.
If you use our referral service to “tell a friend” about a Wild West Online product or site, we will store your friend’s name and email for a short period for the sole purpose of sending this email and to be sure that your friend does not receive multiple copies of the same email message.
What other types of information may Wild West Online collect?
We may collect demographic information such as gender, zip code, information about your computer, hardware, software, platform, media, Internet Protocol (“IP”) address and connection, information about online activity such as feature usage, game play statistics and scores, user rankings and click paths and other data that you may provide in surveys or online profiles, for instance. We may combine demographic information with personal information, such as email address, to tailor our offerings or websites to your preferences or interests.
When you play our games on your PC or console, we may retrieve information about your hardware system and how your game is used, including your IP address. We use this information to enable you to play your game over the Internet. We also use this information to troubleshoot technical issues and to better understand the behavior and preferences of our customers, so that we can improve our products and services. We will never use this information to personally identify you without your knowledge. We may use this information to generate aggregate statistics about our customers and may provide non-personally identifiable or aggregated information to advertisers and/or our partners.
Your participation in tournaments or other online game events is conditional upon you agreeing to us collecting, using, storing, transmitting and publicly displaying statistical data (such as your scores, rankings and achievements) generated through your participation.
A special note about children and teenagers
Wild West Online does not knowingly collect or store personally identifiable information from anyone under the age of 13.
Teenagers 13 or older and under 18 (or if applicable, under the age of majority in your place of residence) should ask their parents to review this Privacy Policy and to contact the Privacy Policy Administrator if they would like to opt out or express any concerns.
What happens to the information provided?
The personal information you provide will allow us to alert you to new products, features and enhancements; special offers; upgrade opportunities; and contests and events of interest.
You may opt in to allow Wild West Online to share your personal information with companies and organizations that provide products or services that we believe may be of interest to you. For example, we may share your personal information with a sport licensor or sponsor of our service on our site. You would be asked at that time if you wish to participate. We see this as a value-added service that helps you find useful products or services. We strive to limit use of your information to those offers that we think you would appreciate receiving. To opt out of further communications from a marketing partner or sponsor with whom your information has been shared, please contact that partner directly. You may also later opt out of this service from Wild West Online. See the “Choice and opt out” section below.
We may send Wild West Online emails that may contain information regarding third-party products or services; however, this does not mean that we have traded your personal information to any party.
We may use survey information in marketing surveys to select and direct advertising that is more likely to be of interest to a particular registered member. This information may be transmitted to an ad server owned by the advertising company to match registered members with ads that they are more likely to be interested in. However, we do not disclose any registered member’s personal information to our advertisers without the member’s consent. Participation in surveys is entirely optional. We may share aggregate consumer data (which does not contain personal information) with the advertising companies.
We may supplement personal information that you provide to us with personally identifiable information from third party contractors, such as credit agencies or market research firms, to enrich our profiles of individual customers and for our own marketing and demographic studies. Tying this information together helps us to consistently improve our sites and related advertising to better meet our visitors’ needs and preferences.
Please note that personal information in an online job application (such as a resume) is not subject to this Privacy Policy and will be used solely for the purpose of evaluating an applicant’s possible employment.
With whom may your personal information be shared?
We will share your personal information with third parties only in the ways described in this Privacy Policy.
We reserve the right to disclose your personal information if (1) we are required to do so by law; (2) we believe it is necessary to identify, contact or bring legal action against you for violating the Terms of Service for our site or product or for causing injury or interference to our rights or properties or to others or (3) we believe it is necessary to prevent fraud or other illegal activities.
Your personal information will become a business asset of Wild West Online and may be transferred to a successor or assign, including in the event of a merger, acquisition, reorganization, bankruptcy, sale of a line of business to a third party, or other similar event.
You may choose to disclose information, including personal information, about yourself in our online chat rooms, message boards, user profiles for public view or in similar forums on our sites. Information that you disclose in any of these forums is public information, and there is no expectation of privacy or confidentiality there. You should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personal information you choose to submit in these forums. If your personal information is posted, you may contact the Privacy Policy Administrator. We cannot guarantee that we will be able to remove your personal information, but if we cannot do so, we will explain the reasons.
Who Is Collecting Your Information?
The information you provide is collected by Wild West Online, its parent and its various affiliate companies, unless specifically stated otherwise. Therefore, you may receive communications from any of Wild West Online’s affiliates.
From time to time, Wild West Online may employ third party contractors to collect personal information on our behalf to provide email delivery; product, prize or promotional fulfillment; contest administration; credit card processing; shipping or other services on our sites. When requesting these services, you may be asked to supply your name, mailing address, telephone number and email address to our contractors.
When our third party contractors collect and/or have access to the personal information you provide to Wild West Online, Wild West Online requires that they adhere to our stated privacy policies and protect the confidentiality of personal information they collect or have access to in the course of their engagement by Wild West Online. These third parties are prohibited from using your personally identifiable information for any other purpose without your specific consent.
You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party. If you do share your information, to opt out from receiving further communications from any third party that is not our agent/service provider, please contact that marketing partner or affiliate directly. To enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, we may also disclose personal information to law enforcement, or the appropriate civil authorities when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our site.
Certain products and/or services available on our site are provided to you in partnership with third parties and may require you to disclose personally identifiable information in order to register for and access such products and/or services. Such products and/or services shall identify the third party partners at the point of registration. If you elect to register for such products and/or services your personally identifiable information will be transferred to such third parties and will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy practices and policies of such third parties and, therefore, you should review the privacy practices and policies of such third parties prior to providing your personally identifiable information in connection with such products and/or services.
What about cookies and other tracking technologies?
We use cookies and other tracking technologies to passively collect demographic information, personalize your experience on our site and monitor advertisements and other activities. Cookies are small files downloaded to your computer to track movements within websites. We may link cookie information to personal information. For example, we use cookies to keep track of your shopping cart, to remember your settings, to deliver content specific to your interest, to make sure you do not see the same ad repeatedly and to monitor website and game usage as well as which ads or links are clicked. We use this information to improve our services, our site and our marketing campaigns.
Some of our sites use an outside ad company to display ads. These ads may contain cookies. Cookies received with banner ads are collected by our ad companies, and Wild West Online does not have access to this information. Most browsers are automatically set to accept cookies whenever you visit a website. You can disable cookies or set your browser to alert you when cookies are being sent. However some areas of our sites will not function properly if you do so. Please note that this Privacy Policy covers the use of cookies by Wild West Online only and does not cover the use of cookies by any advertisers.
Other technologies used include clear GIFs, IP address logging and local storage objects. Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an e-mail message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or e-mail message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.
We also maintain log files which contain IP addresses. An IP address is a numeric address that is assigned to your computer by your Internet Service Provider. In general, we only use log files to monitor traffic on our websites, to report aggregate information to our advertisers and to troubleshoot technical problems. In the event of user abuse of our websites, however, we may block certain IP addresses or console IDs provided by our licensed hardware manufacturers. IP addresses and console IDs may be used to personally identify you in order to enforce our Terms of Service.
Where is the information held?
Wild West Online is a global organization and many of the computer systems on which Wild West Online collects, stores, and uses the information it collects or receives are based in Australia, Europe, the United States and elsewhere. Your personal information may be transferred to, used, processed or held by Wild West Online in the United States and in other countries, including countries both in and outside the European Union, and used for the purposes set out in this Privacy Policy.
Choice and opt out
When we first collect information about you, we will offer you the opportunity to opt out of having your personal information shared with parties outside of Wild West Online (except to the extent required by law, court order, or as requested by other government or law enforcement authority). In addition, if you do not want Wild West Online to send you e-mail or postal mail about our products and services, you can opt out at the time of registration or information collection. If, at a later date, you no longer wish to receive our newsletter and marketing communications, you may opt out of receiving them by following the instructions included in each newsletter or communication, visiting the site in which you provided your information and changing your preferences, or by contacting the Privacy Policy Administrator in the United States.
Safeguarding your personal information
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact the Privacy Policy Administrator in the United States.
Review, correction of your information, requesting removal from mailing lists and deactivating your account
Should you wish to have your account(s) deactivated contact the Privacy Policy Administrator in your country, or if your country is not listed, by contacting the Privacy Policy Administrator in the United States. We will be happy to review, update or remove information as appropriate. We may still retain your information in our files however, to resolve disputes, enforce our user agreement, and due to technical and legal requirements and constraints related to the security, integrity and operation of our websites.
I hereby acknowledge and agree that (i) that I have read and understand the foregoing Agreement, the Terms of Service and the Privacy Policy; (ii) I am at least 18 years of age, AND if I am not at least of the age of majority in my place of residence, I have obtained all necessary parental consent to enter into and be bound by this Agreement, the Terms of Service and the Privacy Policy ; and (iii) I agree that by clicking “Accept” (or other wording indicating my acceptance) or installing the Game Client I am acknowledging my agreement to be bound by the terms and conditions of this Agreement, the Terms of Service and the Privacy Policy and acknowledge that I must have a valid method of payment to access the Game service.
If you do NOT qualify or do NOT agree to be bound by this Agreement, the Terms of Service or the Privacy Policy, click “DECLINE” or refrain from clicking similar terms indicative of acceptance.