2. ADDITIONAL LICENSE LIMITATIONS.The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of the Service or any Game in violation of the License Limitations will be regarded as a breach of this Agreement and an infringement of Shadow Realm's copyrights in and to the Service and/or Game. You agree that you will not, under any circumstances:
2.1 use cheats, automation software (bots), hacks, mods, scripts or any other unauthorized third-party software designed to modify the Service, any Game or any Game experience; exploit the Service, a Game or any part thereof for any commercial purpose, including without limitation: (a) using the Service at a cyber cafe, computer gaming center or any other commercial establishment without the express written consent of Shadow Realm, unless otherwise stated in a Game EULA; (b) communicate or facilitate any commercial advertisement or solicitation; (c) gather in-game currency, items or resources for sale outside the Game without Shadow Realm's authorization; or (d) perform in-game services in exchange for payment outside the Game;
2.2 use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through any Game or the Service, including without limitation any software that reads areas of RAM used by any Game or the Service to store information about a character or a Game environment;
2.3 modify or cause to be modified any files that are a part of any Game or the Service in any way not expressly authorized by Shadow Realm;
2.4 host, provide or develop matchmaking services for any Game or the Service, or intercept, emulate or redirect the communication protocols used by Shadow Realm in any way, for any purpose, including without limitation unauthorized play over the Internet, network play, or as part of content aggregation networks;
2.5 facilitate, create or maintain any unauthorized connection to any Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service or any Game; or (b) any connection using programs or tools not expressly approved by Shadow Realm; or
2.6 disrupt or assist in the disruption of (i) any computer used to support the Service or any Game environment (each a "Server"); or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
4. ACCESSING THE SERVICE.4.1 Account Eligibility. You may establish an Account only if: (i) You are a "natural person" and an adult in your country of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account); and (ii) You are not an individual specifically prohibited by Shadow Realm from using the Service. By accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements. If at any time Shadow Realm becomes aware that you have registered an Account without meeting the foregoing requirements, Shadow Realm reserves the right to suspend, terminate and/or delete the Account.
4.2 Establishing an Account. When creating or updating an Account on the Service, you are required to provide Shadow Realm with certain personal information such as your name, address, email address and, in some cases, payment information. For certain Games, an unused authentication key provided to you by Shadow Realm will be required when adding a Game license to an Account. A Game license must be added to an Account before you can play that Game online, where applicable. You agree that you will supply accurate and complete information to Shadow Realm when requested, and that you will update that information promptly after it changes.
4.3 Username and Password. During the Account creation process, you will be required to select a unique username and/or a password (collectively, "Login Credentials"), and you may not share the Account or the Login Credentials with anyone other than as expressly set forth herein. You are responsible for maintaining the confidentiality of the Login Credentials, and you will be responsible for all uses of the Login Credentials, 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 disclosure of the Login Credentials, you must immediately notify Shadow Realm by contacting Shadow Realm at http://www.shadowrealmstudios.com/support.
7. OWNERSHIP.7.1 Game clients and Service. The Game clients and the Service (including without limitation, any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of Games, and the Game client and server software) are copyrighted works owned by Shadow Realm and its licensors. Shadow Realm reserves all rights in connection with the Games and the Service, including without limitation the exclusive right to create derivative works. You agree that you will not create any work of authorship based on the Properties except as expressly permitted by Shadow Realm. Additionally, Shadow Realm does not authorize you to make any use whatsoever of any Shadow Realm trademarks, service marks, trade names, logos, domain names, taglines, and/or trade dress under any circumstances without a written license agreement. Any reproduction, redistribution, or modification of the Properties, or use of the Properties not in accordance with the EULA or this Agreement, is expressly prohibited by law and may result in severe civil and criminal penalties.
7.2 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 TO THE BENEFIT OF SHADOW REALM. Shadow Realm does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of your Account.
7.3 Virtual Items. Shadow Realm owns, has licensed, or otherwise has rights to all of the content that appear in the Service or the Games. You agree that, except as set forth in a Game 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 any Game, or any other attributes associated with the Account or stored on the Service. Shadow Realm does not recognize any purported transfers of virtual property executed outside of a Game, or the purported sale, gift or trade in the "real world" of anything that appears or originates in a Game.
8.2 Software and Services. In an effort to improve its products and services, Shadow Realm may require that you download and install updates to the Service and to the Games you have installed on your computer. You acknowledge and agree that Shadow Realm may update the Service and the Games, including the Game client(s) on your computer or device, with or without notifying you.
9. FEES.You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Shadow Realm may revise the pricing for any Game or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable.
YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED SERVICES ARE PAYABLE IN ADVANCE AND NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
11. DISCLAIMER OF WARRANTIES.THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHADOW REALM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE PROPERTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE PROPERTIES. SHADOW REALM DOES NOT WARRANT THAT THE PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PROPERTIES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PROPERTIES.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.
12. LIMITATION OF LIABILITY.UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL SHADOW REALM BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, LOSS OF BUSINESS, LOST PROFITS, LOSS OF GOOD WILL), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE SERVICE OR GAME, EVEN IF SHADOW REALM KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SHADOW REALM BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO SHADOW REALM FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Shadow Realm shall be limited to the fullest extent permitted by applicable law.
13. INDEMNIFICATIONYou agree to indemnify, defend and hold Shadow Realm harmless from any claim, lawsuits, demand, damages, liabilities or other losses, including attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service or any Game, or any breach by you of this Agreement, the Code of Conduct or any Game EULA.
14. SOLE AND EXCLUSIVE REMEDYYOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SHADOW REALM IS TO STOP USING THE SERVICE, AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU.
i. Negotiations will begin upon receipt of written notice by the party bringing the Dispute. Shadow Realm will send its notice to your billing address and email you a copy to the email address you have provided to us.
ii. You will send your notice to Shadow Realm at Shadow Realm Studios, Inc., Suite 5, 7169 Christophe Colomb Avenue, Montreal, QC, H2R2S5, Canada, Attn: Legal Department.
16. GOVERNING LAW.This Agreement, the relationship between you and Shadow Realm and your use of Shadow Realm's websites and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Province of Quebec and those of Canada applicable therein, without reference to their conflicts of laws. You agree that any legal action or proceeding between you and Shadow Realm which in any way concerns this Agreement or the use of Shadow Realm's websites shall be brought exclusively in the courts of Quebec. Notwithstanding the foregoing, either party may apply to any court of competent jurisdictions to obtain injunctive relief. Shadow Realm is headquartered in Montreal, Quebec.
17. GENERAL.A. Equitable Remedies. You hereby acknowledge and agree that Shadow Realm would suffer irreparable harm if this Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Shadow Realm shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party as the result of the action or proceeding.
C. Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: Shadow Realm Studios, Inc., Suite 5, 7169 Christophe Colomb Avenue, Montreal, QC, H2R2S5, Canada, Attn: Legal Department.
D. Force Majeure. Shadow Realm shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Shadow Realm, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause 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.
E. No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
F. Export Control. The Service and Games are operated by Shadow Realm in the Canada. Those who choose to access the Service and/or the Games from locations outside of Canada can do so on their own initiative and are responsible for compliance with applicable local laws.
G. Assignment. Shadow Realm may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Shadow Realm's prior written consent, and any unauthorized assignment by you shall be null and void.
I. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Shadow Realm as a result of this Agreement or your use of the Service or any Game.
J. Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.