April 15, 2010

Terms of Service

This TERMS OF SERVICE is a legal agreement between you and CyberStep Communications, Inc., binding both parties regarding (i) your registration for a game account and becoming a game member and (ii) your use of the online game(s) ("Game(s)") provided on this website ("Website") for the PC platform. This Website may provide a single Game as a stand-alone game site, or may provide multiple Games as a game portal. In either case, this TOS applies to all Game(s) which are serviced for your use with your game account. In the following, the "Game" shall mean either single Game or multiple Games depending on the case.

It shall also be noted that certain countries/regions of the world may be excluded from the service of certain Game, because of limited license or other conditions which CyberStep Communications, Inc. must comply with. Such exclusion will be notified, if any, on the website relevant to such Game.

The Game, the Website and the content offered in connection therewith are all offered by CSCI. CSCI may also refer to itself in this contract as "we," "us" or "our." If you decide to become a Game member ("Member") and take advantage of the Website content and Game services available to Members (collectively "Service"), you must read this Terms of Service ("TOS" or "Agreement") and indicate your acceptance of these terms by registering for a Game account ("Account") and by clicking on the box labeled "I agree to the End User License Agreement and Terms of Service related to the Game." If you have any questions regarding these terms and conditions, please contact customer service by sending an email to the mail address provided on the Website for such inquiry

This Agreement sets out the legally binding terms of your use of the Service with your membership in the Service. This Agreement may be modified by CSCI at any time without prior notice. You should therefore review this Agreement on the Website from time to time to familiarize yourself with any modifications. All such modifications will be effective upon posting on the Website, and any use by you of the Service after the posting of any such modification will constitute your agreement to that modification. The terms of our privacy policy and any notices regarding the Website or the Service posted on the Website shall be considered incorporated into and made part of this Agreement.

Eligibility

Accounts are available only to persons who meet relevant laws and regulations of the country/region where each person resides, including laws and regulations regarding the age, and your acceptance of this TOS shall be considered as your representation that you meet such laws and regulations.
If you are residing in the United States or Canada, you must be 1) 18 years old or older and who are not barred from receiving services under the laws of the United States or other applicable jurisdictions or 2) minors who are at least 13 years of age to whom a parent or legal guardian has given permission to create an Account. If you are a minor at least 13 years of age, your parent or legal guardian must give you his or her consent for you to register as a Member. The Game is not directed to children, and under no circumstances will the Service offered through this Website be available to minors under the age of 13. By registering an Account, you represent that you are either (i) a person of legal adult age and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions or (ii) a minor who is at least 13 years of age who has obtained the permission of a parent or legal guardian to register as a Member. You may not transfer or share your Account with anyone. You are liable for all activities conducted through the Account, and parents or guardians are liable for the activities of their children. Corporations and other entities are not eligible to procure Accounts.

Registration and Membership

To register and obtain an Account, you will be required to (i) provide your date of birth, (ii) submit your email address, which shall be used as your identification ("ID") and for return email from CSCI for confirmation of your registration, (iii) choose your unique password ("PW"), and (iv) choose your unique nickname that you may use within the Game community ("Nickname"). Your Nickname, your PW and your Screenname (described below) must comply with the naming conventions set forth as follows: Neither your Nickname, your PW nor your Screenname shall: (1) contain names that are associated with CSCI, its affiliates or employees; (2) contain swear words or derogatory remarks in any language; (3) infringe on the rights of or defame any living or dead person or entity; (4) contain names of celebrities or media personalities; (5) violate third party's trademarks, publicity rights or other proprietary rights; (6) be associated with any religion, religious practice or deity; (7) be related to alcohol, illegal substances, sex or any criminal activity; (8) be a partial or complete sentence; (9) contain leet speak; and (10) utilize a misspelling or other tool or method to circumvent the naming restrictions herein.
Once you select your PW, you are responsible for the security of your PW and should not disclose it to any third party. We never ask you for your PW by telephone, live-chat or email, and you should not disclose it this way if someone asks you to do so. CSCI is not responsible for any transactions reflected in your Account resulting from your sharing of your PW or any third party's access to your Account.

A section is provided on the Website (e.g. "My Account" section) which allows you to change your ID and/or PW, or to cease your membership by deleting your registered ID and PW.

When you log onto the Game for the first time with your registered Account, depending on the Game you will be required to create your unique character, which will show up in the Game as your own character, and to select a unique screenname for your character ("Screenname") that complies with the naming conventions set forth above. Your character will appear on the Game screen with a name tag containing your Screenname when you play the Game. For your Nickname and Screenname you are encouraged to use pseudonyms or gibberish, as opposed to your real name or real nickname, especially if you are a minor.

The Game may provide both free-of-charge game features and fee-based game features. If you select to use the fee-based game features, you will be required to purchase in-game credits (or in-game virtual money) which will be deposited in your account and which you can then exchange for virtual in-game items. (See the "Availability of Pay Features" section below.)

Please note that if you provide inaccurate information, your Account may be suspended or terminated.

If you believe that your PW or other account information has been compromised, please contact our customer service by sending an email to the mail address provided on the Website for general inquiry.

Ownership

All content on the Website and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, their selection and arrangement, and your Account (collectively the "Site Content"), are the property of CSCI or its licensors with all rights reserved. Site Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without prior written permission of CSCI, except that (i) the foregoing does not apply to your own User Content (as defined below) that you legally post on the Website and (ii) the client program of the Game may only be downloaded onto your PC. Provided that you are eligible for use of the Website with your Account, you are granted a limited license to access and use the Website and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information of Site Content in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to this Agreement and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Website or the Site Content other than as specifically authorized herein, without the prior written permission of CSCI, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

User Content

Some of the Services offered through the Website (i.e., the services offered in the "Community" section of the Website) will allow you to submit photos, profiles (including your name (or your real nickname or your Nickname or your Screenname), image, and likeness), messages, notes, text, information, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on the Website (collectively the "User Content"). You agree that you will not post any User Content that you do not own or otherwise have permission to post. Further, your User Content shall not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, profane, obscene, pornographic or harmful to minors; or (d) contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. At our sole discretion, we may take any action with respect to your User Content, including actions to censor your content, if we deem such User Content offensive, including without limitation, User Content that we determine, at our sole discretion, to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit or racially, ethnically or otherwise objectionable, or if we believe such User Content may create liability for us or may cause us to lose (in whole or in part) the services of our Internet Service Providers or other suppliers. You acknowledge and agree that you shall not (1) disrupt the natural flow of User Content provided by other users through the use of spamming, scrolling or other disruptive devices, (2) advertise goods or services existing outside of the service provided through the Website, (3) harass any other user by repeatedly sending unsolicited User Content, (4) divulge any other user's personal information, (5) use any automated device or software that allows unattended communication, (6) cause distress or discomfort or impede the enjoyment of any other user through any method including use of any chat interface, and (7) use any part of the Website or Service to defraud any other user of items, monetary devices, names, IDs or passwords, or to engage in any illegal activity.

When you post User Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Website. By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to CSCI an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. The rights granted under this section with respect to your personal information are limited to displaying your personal information as you have voluntarily entered it on a public forum. This information will not be otherwise used, sold or displayed. You acknowledge that you can prevent CSCI from sharing any personal data as part of your User Content by not including any personal data in the User Content and further that CSCI does not require or encourage the posting of personal data as part of User Content. You further acknowledge that you have read and understood our privacy policy.

You may remove your User Content from the Website at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that CSCI may retain archived copies of your User Content. CSCI does not assert any ownership over your User Content; rather, as between you and us subject to the rights granted to us in this Agreement, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Third Party Websites and Content

The Website contains (or you may be sent through the Website or the Service) links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (collectively the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from such website.

International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical and personal data exported from the United States or the country in which you reside.

Availability of Pay Features

There is no fee to register for an Account, to be a Member, or to log in the Game and play the free-of-charge features of the Game. However, if you select to use the fee-based features of the Game, you will first have to purchase in-game credits (the standard, in-game virtual currency offered with a unique denomination for use in the Game) using one of the payment methods made available for the Game (e.g. credit card, debit card, prepaid card, etc.). Such purchased in-game credits are deposited in your account, and then you can exchange your in-game credits for virtual in-game items. Such in-game credits are available for purchase in several different amounts. Once purchased, the in-game credits are non-refundable. Appendix I describes our billing procedures for purchasing in-game credits. CSCI expressly reserves the right to change the price at which it sells the in-game credits at any time and at its sole discretion. All fees are stated in U.S. Dollars or the local currency where the Service is provided. CSCI cannot give a refund for any unused in-game credits, whether or not your Account is suspended or terminated due to your violation of the terms of this Agreement.
If the Website is a game portal servicing multiple Games through it, such Website may provide virtual credits of the portal for purchase using one of the payment methods made available for the portal (e.g. credit card, debit card, prepaid card, etc.). The purchased in-portal credits will be deposited in your account, and then you can exchange your in-portal credits for the virtual in-game credits of one of the Games provided in such portal. Such exchanged in-game credits will also be deposited in your account separately from the in-portal credits.

Disclosure of Information

Your privacy is very important to us. CSCI has adopted a comprehensive privacy policy ( the "privacy policy") which can be accessed on the Website. By accepting this Agreement, you represent that you have read and understood the privacy policy and agree with its terms.

While we take every effort to protect your privacy, we cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or law enforcement authorities under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, if we believe it necessary or appropriate to investigate possible problems or inquires, we may disclose any information about you including personal information (such as your Nickname, Screenname, email address, actual name, address information, etc.) to law enforcement or other government officials. In order to ensure that we provide the best service to all users, we may also monitor your Account, User Content and other related communications.

In order to provide the best service to you, we may communicate with you via telephone, email and any similar technology for any purpose relating to the Website, Service or your Account and any services or software which may in the future be provided by us or on our behalf.

Your use of the Website and your membership in the Service constitutes your express consent to this section of the Agreement.

Disclaimers

THE WEBSITE, THE ACCOUNT, THE SERVICE AND ALL OTHER RELATED SERVICES ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Website, the Service, your Account or continued operation or availability of any given server. Some jurisdictions do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from jurisdiction to jurisdiction.

We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, we cannot and do not promise or ensure that you will be able to access your Account whenever you want, and there may be extended periods of time when you cannot access your Account. You assume the entire risk as to the results and performance of the Website and the Service in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software.

Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR LICENSORS, OUR AFFILIATES OR OUR SUPPLIERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, OR MALFUNCTION OF THE WEBSITE, YOUR ACCOUNT, THE SERVICE, OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND - TO THE EXTENT PERMITTED BY APPLICABLE LAW - DAMAGES FOR PERSONAL INJURY, EVEN IF WE, OUR LICENSORS, OUR AFFILIATES OR OUR SUPPLIERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF CSCI, OUR LICENSORS, OUR AFFILIATES OR OUR SUPPLIERS, AND OUR AND THEIR RESPECTIVE PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST CSCI, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE CSCI AND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.

You shall comply with all applicable laws regarding your use of the Software, your access to your Account, the Service and the Website.

Indemnity

You agree to indemnify and hold CSCI, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, software or User Content you post or share on or through the Website, your use of the Service or the Website, your conduct in connection with the Service or the Website or with other users of the Service or the Website, or any violation of this Agreement or of any law or the rights of any third party.

Termination

We may terminate this Agreement (including your Account and right to use the Website) and/or suspend your Account immediately and without notice: (i) if you violate any provision of this Agreement; (ii) infringe any third party intellectual property rights; (iii) if we are unable to verify or authenticate any information you provide to us; or (iv) if you engage in behavior which we, at our sole discretion, determine is inappropriate, offensive and/or infringes upon the use and enjoyment of third parties of any of the services of CSCI. If we terminate this Agreement or suspend your Account under these circumstances, you will lose access to your Account for the duration of the suspension and/or the balance of your purchased virtual in-game credits (or in-portal credits) without any refund. We may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Website or Service, in which case we may provide an advance notice with reasonable period before termination.

Resolution of Disputes

In order to expedite and control the cost of disputes, you and CSCI agree that any legal or equitable claim relating to this Agreement (referred to as "Claim") will be resolved as follows:

  • A. Informal Resolution.
    You and CSCI (collectively the "Parties") agree that if either party has a Claim against the other, it will first try to resolve any such Claim informally. Accordingly, neither party may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least 30 days after one party notifies the other of a Claim in writing. CSCI will send its notice to your email address. You will send your notice to: Steven G. Teraoka, Teraoka & Partners, LLP, One Embarcadero Center, Suite 1020, San Francisco, CA 94111.
  • B. Formal Resolution - US and International Residents
    1. Agreement to Arbitrate.
      If the Parties cannot resolve a Claim informally, the Parties agree that any and all Claims either party asserts shall be resolved solely through binding arbitration, which to the fullest extent under applicable law shall be final and non-appealable. The arbitration will be conducted under the rules of the Judicial Arbitration and Mediation Service ("JAMS") that are in effect at the time the arbitration is initiated, including the rules for the exchange of non-privileged and relevant information, and under the rules set forth in this Agreement. If there is a conflict between JAMS rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. This arbitration will be governed under the JAMS Streamlined arbitration rules in force at the time the arbitration commences. Other fees will be paid in accordance with JAMS rules. The arbitration will be held at a JAMS dispute resolution center in San Francisco, California unless the Parties both agree to another location. Forms and other information on filing such a Claim can be found at www.jamsadr.com.

      BY AGREEING TO ARBITRATE AS SET FORTH HEREIN, YOU UNDERSTAND THAT YOU AND CSCI ARE BOTH WAIVING OUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
    2. Special Rules.
      The Parties agree that the type of arbitration in which the Parties both agree to participate is between CSCI and you as an individual. YOU AND CSCI AGREE THAT NEITHER PARTY WILL UTILIZE OR ATTEMPT TO UTILIZE CLASS ACTION ARBITRATION PROCEDURES IN ANY ARBITRATION.
      • a. Formal Resolution - Jurisdiction and Choice of Law.
        Both Parties submit to personal jurisdiction in California and further agree that any Claim shall be exclusively brought in under the JAMS rules in the City and County of San Francisco, State of California. The Parties agree that the laws of the State of California shall govern the resolution of any Claim arising out of this Agreement.
      • b. Severability.
        In the event that any provision of this Agreement shall be held by an arbitrator, court, or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining portions of this Agreement shall remain in full force and effect.

        In particular in regard to the Parties' agreement to arbitrate, the Parties agree that if that clause is found to be unenforceable by a court of competent jurisdiction, it shall be severed from this Agreement and, in that event, the Parties agree to submit to personal jurisdiction in California and agree that any Claim shall be exclusively brought in the appropriate state or federal court in the City and County of San Francisco, State of California. You and CSCI also agree that if the arbitration clause is found to be unenforceable by a court of competent jurisdiction, then, regardless of the enforceability of any other clause, any class action Claim shall be exclusively brought in the appropriate state or federal court in the City and County of San Francisco, State of California and you agree to submit to personal jurisdiction in California.

Digital Millennium Copyright Act

Notice: If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

CSCI's designated Copyright Agent to receive notifications of claimed infringement is:

CyberStep Communications, Inc. Attn: Steven G. Teraoka, Teraoka & Partners, LLP, One Embarcadero Center, Suite 1020, San Francisco, CA 94111.

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, email address, telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the CSCI may be found, and that you will accept service of process from the person who provided notification.

If a counter-notice is received by the Copyright Agent, CSCI may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at CSCI's sole discretion.

Miscellaneous

Parental Control Protection

Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning about other protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm or other similar sites providing information on such protections.
  • Governing Law
    This Agreement is governed in all respects by the substantive laws of the State of California and of the United States of America. Notwithstanding the foregoing, the arbitration clause set forth above shall be governed by the Federal Arbitration Act. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights and obligations hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Except as provided herein, this Agreement may not be amended except in a writing signed by both Parties.
  • Entire Agreement
    This TOS and the assorted policies referenced herein constitute the entire agreement between you and CSCI and govern your use of the Service, superseding any prior agreements between you and CSCI with respect to the Service.
  • Waiver and Severability of Terms
    The failure of CSCI to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
  • No Right of Survivorship and Non-Transferability
    You agree that your Account is non-transferable and any rights to your Account terminate upon your death. Upon receipt of a copy of a death certificate, your Account may be terminated and all contents therein permanently deleted.
  • Statute of Limitations
    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

    All services hereunder are offered by CyberStep Communications, Inc., a Delaware corporation.

    The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R St., Sacramento, CA 95814.

Appendix I: Billing Procedures for Purchasing In-Game Credits

Members may purchase in-game credits (the standard, in-game virtual currency provided with unique denomination in the Game) through the Website using the payment methods made available with the Game (e.g. credit cards, debit cards, prepaid cards, etc.) The in-game credits are similar to gift cards and gift certificates, and they are offered in several different amounts that can be purchased for $5, $10, $20, etc. for example. To make a purchase, Members first select a purchase level. All purchases are made in U.S. Dollars or the local currency where the Service is provided. The first time a Member purchases in-game credits using a credit card or debit card and in U.S. Dollars, for example, he or she will have to enter a credit card or debit card number, the card expiration date, the name of the cardholder, the address of the cardholder, the telephone number of the cardholder, and in the case of debit cards, the personal identification number (PIN) of the cardholder. Once the transaction has been completed, the Member's game account will be credited with the number of in-game credits that correspond to the dollar amount of the purchase made. After the first purchase has been made, the Member's credit or debit card information will be stored on CSCI's secure server, so there is no need to enter that information to make subsequent purchases. However, if a Member wishes to change or update the credit or debit card information stored on our Website, he or she may go to a section on the Website (e.g. "My Account" section) and make the change. Please note that CSCI expressly reserves the right to change the price at which it sells the in-game credits at any time and at its sole discretion. Furthermore, once purchased, the in-game credits are non-refundable. CSCI cannot give a refund for any unused in-game credits, whether or not your Account is suspended or terminated due to your violation of the Terms of Service Agreement and/or the End User License Agreement ("EULA").