Terms of Use

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SMILEGATE EUROPE Terms of Use (Last updated December 03, 2012)

The terms of this agreement ("Terms") govern the relationship between you and SMILEGATE EUROPE. (the "SGE") regarding your use of SGE’s games and related products and services, including SGE branded websites (such as the website located at www.gamerage.com) (collectively, the "Service"). SGE includes Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. Your use of any aspect of the Service signifies that you agree to these Terms and constitutes your binding acceptance of these Terms, including any modifications that SGE makes from time to time. These Terms do not supersede the End User License Agreement (the "EULA") that accompanies SGE’s games (each a “Game”) or any other specific terms of use that accompanies a Game (the “Game-specific Terms”). The EULA governs your use of the Game client software you download and install onto your computer and these Terms govern your use of the Service. In the event of a conflict between these Terms and the EULA and/or any Game-specific Terms, the EULA and/or the Game-Specific Terms shall govern and supersede these Terms. IF AT ANY POINT FOR ANY REASON YOU DO NOT AGREE TO ANY PORTION OF THE THEN-CURRENT VERSION OF OUR TERMS, THE PRIVACY POLICY, OR ANY OTHER SGE POLICY, RULES OR CODES OF CONDUCT RELATING TO YOUR USE OF THE SERVICE, YOUR LICENSE TO USE THE SERVICE SHALL IMMEDIATELY TERMINATE AND YOU MUST IMMEDIATELY STOP USING THE SERVICE. 1. Changes to Terms 1.1 SGE reserves the right, at our discretion, to change, modify, add or remove portions of these Terms at any time. SGE will update these Terms as the Service and applicable law evolves (“New Terms”). SGE will notify you of the New Terms by posting the New Terms to the Service website at this location, and may provide other notice which may include by email, postal mail, pop-up screen, or in-game notice. These Terms will terminate immediately upon the introduction of New Terms, and your continued use of the Service will signify that you have reviewed and accepted the New Terms. If you decline to accept the New Terms, or if you cannot comply with the New Terms for any reason, you must not access the Service. 1.2 These Terms may not be otherwise amended except in a writing hand signed by you and SGE. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature. 1.3 Unless otherwise set forth in these Terms, to the extent these Terms conflict with any other SGE terms, policy, rules or codes of conduct, these Terms shall govern. 2. Violation of Terms 2.1 WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, DEACTIVATE OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO THE SERVICE, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND CHARACTER AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND SGE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. 2.2 SGE reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, SGE shall not be required to provide refunds, benefits or other compensation to you in connection with such discontinued elements of the Service. 3. Grant of a Limited License 3.1 Service. Subject to your agreement and continuing compliance with these Terms, SGE grants you a non-exclusive, non-transferable, revocable limited license to access and use the Service solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose. 3.2 Rage Points. You understand that while at times you may “earn” "buy" or "purchase" (a) virtual currency (referred to as “Rage Points”) for use in the Service; or (b) virtual in-game items (together with virtual currency, "Virtual Items"), you do not own the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you are purchasing a limited license to use the Service, including software programs that occasionally manifest themselves as these items. Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Rage Points are non-transferable to another person or Account (unless otherwise explicitly permitted by SGE), has no cash value and is not redeemable for any sum of money or monetary value from SGE at any time. Rage Points do not constitute a personal property right. We reserve the right to reduce, liquidate, deactivate, suspend or terminate your Rage Points or access thereto if we suspect, after investigation, that you have misused Rage Points or have otherwise used Rage Points to conduct any fraudulent or illegal activity. 4. Software, Game Client 4.1 Any software that is made available to download from the Service, including Game client software installed on your computer ("Software") is the copyrighted work of SGE, our licensors, and/or other suppliers. Use of the Software is governed by the terms of the applicable EULA, if any, which accompanies or is included with the Software. End users shall not install or use any Software that is accompanied by or includes a EULA unless the end user first agrees to the EULA terms. Please note that all Software, including, without limitation, all HTML code contained on the Service, is owned by SGE, our licensors, and/or other suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. 4.2 WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE MAY BE SUBJECT TO OTHER LIMITATIONS, DISCLAIMERS OR WARRANTIES SET FORTH IN THE APPLICABLE EULA ENTERED INTO BY YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF SUCH EULA AND THIS AGREEMENT, THE EULA SHALL CONTROL WITH RESPECT TO THE SOFTWARE ONLY. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, AND SUBJECT TO SECTION 15.3 BELOW, SGE AND SGE'S THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 5. Your Account 5.1 In order to access certain areas of the Service, you may be required to register and create a personal account ("Account"). Notwithstanding anything herein to the contrary, 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 be owned solely and exclusively by SGE. 5.2 You agree to (i) provide us with current, complete and accurate information as prompted by the applicable registration form, and (ii) maintain and promptly update the registration data to keep it true, complete, accurate and correct. If you provide any information that is untrue, inaccurate, not current or incomplete, SGE has the right to suspend, deactivate or terminate your Account and refuse you from any and all current and future use of the Service (or any portion thereof). 5.3 If you elect to make a purchase within the Service, you warrant that all registration information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date) and you agree to pay all fees corresponding to such Service, plus all applicable taxes. The use of any information that you provide to us in connection with registering for an Account is subject to our Privacy Policy. 5.4 When registering for an Account, you may be asked to choose a password and a user name. You may not use a user name that is used by someone else, is vulgar or otherwise offensive (as determined by SGE in its sole discretion), infringes any trademark or other rights of others, or is used in any way that violates these Terms. You are entirely responsible for maintaining the confidentiality and security of your Account information (including user/account names and passwords and billing information). 5.5 Furthermore, you are solely responsible for any and all activities, charges and fees that occur under your Account. You agree to properly exit from your Account at the end of each session. Unless otherwise permitted pursuant to Section 6, you further agree not to allow any party to use your Account. You agree to notify SGE immediately of any unauthorized use of your Account or any other breach of security (and to provide properly documented evidence as reasonably requested by SGE). 5.6 SGE will not be liable for any loss or damage that you may suffer as a result of someone else using your Account, either with or without your knowledge. You will be liable for any and all losses incurred by SGE and/or any of its licensors due to someone else using your Account. You may not use anyone else's Account at any time. Your Account is personal to you and you may not transfer or make your Account available to others. Any distribution by you of your Account or related information may result in to suspension, deactivation or termination of your Account without refund, and the imposition of additional charges to your Account based on any unauthorized use. 5.7 Only "natural persons" as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships) shall have the right to establish an Account. 5.8 You may cancel any Account registered to you at any time by emailing SGE at customer.support@gamerage.com and requesting that your Account access to the Service be terminated. 6. Age 6.1 For users residing in the United States. If you are under the age of 13, you are prohibited from using the Service or creating an Account. If you are between the ages of 13 and 17, you represent that your parent or legal guardian has reviewed and agreed to these Terms. 6.2 For Users Outside the United States. By creating an Account and using the Service, you represent and warrant that you are 18 years of age or over and have the right, authority and capacity to enter into this Agreement, or you are the legal age required to form a binding contract in your jurisdiction. Your Account may be used only by you, except that if you are a parent or guardian, you may permit one (1) of your minor children to use your Account instead of you. 7. Your Responsibilities You agree that you may not access or use the Service to: i. Conduct surveys, contests, or pyramid schemes or to send chain letters, junk email or any other form of solicitation; ii. Distribute spam or any duplicative or unsolicited messages (commercial or otherwise); iii. Defame, abuse, harass, stalk, threaten or otherwise violate the rights (including, without limitation, rights of privacy and publicity) of others; iv. Publish, post, upload, transmit, distribute or disseminate any information, data, text, software, music, sound, photographs, graphics, images, video, messages, tags or other material (collectively, "Content") that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, embarrassing, unwanted, invasive of another's right of privacy or publicity, racially or ethnically hateful or, in a reasonable person's view, otherwise offensive or objectionable; v. Use, upload, transmit, distribute or otherwise make available any Content, in any manner that infringes or misappropriates any copyright, trademark, patent, trade secret, or other right of any party; vi. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users' computers or in any way alters the Software or its application; vii. Advertise or offer to sell or buy any goods or services for any purpose, unless the Service or SGE expressly permits such messages. viii. Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Software or other Content; ix. Restrict or inhibit any other user of the Service from using and enjoying the Service by, for example, disrupting the flow of chat in chat rooms with vulgar language, hitting the return key repeatedly, so the screen goes by too fast to read, using excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting of repetitive text); x. Violate any license agreements (including, without limitation, any end user license, code of conduct or other terms of use/service or guidelines) which may be applicable to the Service or Software; xi. Attempt to harvest (in an automated manner or otherwise) or collect any information about others, including e-mail addresses, or use such information to send unsolicited emails; xii. Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or using or distributing cheats or hacks for the Service or the Software. xiii. Impersonate or create a false identity (such as a celebrity or a Company representative) or otherwise misrepresent your affiliation with a person or any entity; xiv. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Service; xv. Attempt to get a password, other Account information, or other private information from a user of the Service; xvi. Improperly use in-game support to make false reports to SGE’s administrators and representatives; xvii. Use, develop or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of any software license agreement; xviii. Use the Service to resell or make any commercial use of the Service, or otherwise use the same for any commercial purpose or for the benefit of any third party, without the prior written consent of SGE; or xix. Use the Service for fraudulent transactions including, without limitation, fraudulent in-game virtual transactions; xx. Attempt to hack the Service, or to defeat or overcome any encryption technology or security measures implemented by SGE with respect to the Service and/or data transmitted, processed or stored by SGE; or xxi. Interfere with or disrupt the Service or any servers or networks connected to or operated with the Service, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Service; xxii. Disrupt or assist in the disruption of (i) any computer used to support the Service; or (ii) any other player's Service experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICE IS A VIOLATION OF THESE TERMS, AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. 8. Character Naming and In-Game Interactions You agree that you will not use, appropriate, propagate or otherwise promote or acquire a character name or in-game identifier that is: i. Used to impersonate an official game master ("GM") or an employee of SGE; ii. Similar to the name of a GM or can be misunderstood by other players; iii. Provocative or lewd; iv. Containing information that violates any applicable law or regulation and you agree not to engage in any in-game chat/conduct that is antisocial in nature; v. In violation of any third party's trademark, copyright or other rights; vi. Inappropriate language or cursing; vii. Intended to facilitate the trading or exchange of cash, accounts or tangible objects; viii. Used for the purpose of advertising any third party services, products, websites or organization; or ix. A character name consisting of any alphanumeric character not normally found on a standard 101/102 key keyboard (e.g., O§iri§, Ÿelena, Jašon). If SGE determines, in its sole discretion, that you are in violation of any of the above prohibitions or any other provisions of these Terms, SGE may exercise absolute control over any and all character and game information related to your Account, including the names of characters and in-game identifiers and SGE may change, alter, delete or otherwise modify such character and/or game information as SGE deems appropriate. 9. Community Forums 9.1 SGE provides community forums ("Forums") for use by users of the Service allowing users to help each other in a constructive and positive atmosphere. If SGE believes, in its sole discretion, that you have failed to fully comply with the Code of Conduct (as described below), you may be denied access to the Forums and/or your Account may be to suspended, deactivated or terminated with or without notice and without any right for you to appeal. SGE and/or its moderators shall have the right, in its sole discretion with or without notice and without any right for you to appeal, to (i) modify or terminate your participation in any or all of the Forums, (ii) edit or delete any and all content that you submit in a Forum and (iii) limit or revoke your access to any or all of the Forums. 9.2 Community Forums Code of Conduct i. Be Helpful, Friendly and Supportive. Do not engage in name-calling, post anything containing obscenity, vulgarity, or profanity. Do not post harassing, threatening, abusive, lewd, inflammatory, or any messages that disparages any religion, race, nation, gender, or sexual orientation. ii. Stay on Topic. Refrain from discussing personal matters, abusing any company or product, or, in general, from posting in a manner unrelated to the direct purposes of the Forums. iii. Be Careful. SGE does not approve, and you, not SGE , are responsible for using any information you receive from another participant of the Forums. If any user asks you for personal information, such your phone number, mailing address, email address, password or credit card number, do not provide it. In addition, do not post any personal information in the Forums. iv. No Promotion of Other Activities. Do not use the Forums to promote or advertise third party services, products, websites or organizations. v. Be Legal. Do not post anything in the Forums that is unlawful, libelous, defamatory, or that infringes upon any intellectual property rights of others, including the privacy rights of the other users. Do not conduct any activity that may be illegal, or harmful in any way, such as hacking, flooding scripts viruses or Trojan horses. Do not post URLs to web sites or servers that contain unlawful software/hardware distribution. Do not post any content on the boards that would constitute as junk mail, spam, chain letters, or any other form of unauthorized solicitation. vi. Be Clean. Do not post any profanity, sexually explicit or vulgar language, including any masked or code message that is intended to be interpreted as such. This restriction includes the posting of any imagery or links to imagery on other sites that are profane, sexually explicit or vulgar. 10. Company Duty to Monitor You agree that SGE is not liable for Content provided by other users. SGE has no duty to pre-screen user generated Content, but SGE has the right to refuse to post or to edit any submitted Content. SGE reserves the right to remove Content for any reason, but is not responsible for any failure or delay in removing such material. 11. Fee-Based Services and Purchases 11.1 Some aspects of the Service require the payment of fees. If you are required to pay a fee, the specific terms and conditions associated with such Service will be included where those services are offered. You agree to pay all fees, charges and taxes that you incur. Unless otherwise noted, all currency references are in U.S. dollars. SGE may at any time, upon notice if required by applicable laws, change the amount of, or basis for determining, any fee or charge, or, institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. 11.3 SGE may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting on the Service. 11.4 In the Service you may purchase, with "real world" money, a license to use Virtual Items and or other goods or services. 11.5 You can license Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you purchase a license to Virtual Items from our Service, we will confirm that your purchase is complete on the purchase page. You will also be able to view your purchase history in your Account. SGE keeps records of transactions in order to deal with any subsequent queries. Your license to Virtual Items for use in the Service is delivered to you upon acceptance by SGE of your purchase. By ordering a license to use Virtual Items you agree and accept that SGE will provide it to you promptly following completion of your purchase. If you have elected to purchase products and/or services through the Service, including any Virtual Items, upon your acceptance of these terms and submission of your order, you hereby agree that we have the right to automatically charge your credit card or debit your account for the applicable fees or charges, plus any applicable taxes we are required to collect, and you authorize us to do so. Any prices posted in US Dollar or non-US dollar currencies by SGE on the Service do not include any applicable sales tax, unless specifically noted that it is tax-inclusive. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. SGE may revise the pricing for the goods and services it licenses to you through the Service at any time. YOU ACKNOWLEDGE THAT SGE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED OR IF YOU ARE DENIED ACCESS TO THE SERVICE, WHETHER SUCH CLOSURE OR DENIAL WAS VOLUNTARY OR INVOLUNTARY. 12. Virtual Items Generally 12.1 You agree that SGE retains the unfettered right to modify any and all aspects of the Service and Virtual Items. You acknowledge that SGE has been, is, and will be constantly making changes to the Service. You further acknowledge that SGE can and will, in its discretion, modify features, functions or abilities of any element of the Service or any Virtual Items (which may, among other things, make the Virtual Items substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely). YOU PROMISE, THEREFORE, THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM OR SUIT AGAINST SGE, ITS LICENSOR(S) OR THIRD PARTY PROVIDERS, OR ANY EMPLOYEES OF ANY OF THE ABOVE, WHICH IS RELATED TO OR BASED ON (I) A CLAIM FOR THE "VALUE" OF VIRTUAL ITEMS IF SGE DELETES THEM (AND/OR SUSPENDS, DEACTIVATES, OR TERMINATES YOUR ACCOUNT(S)), (II) A CLAIM FOR THE "VALUE" OF VIRTUAL ITEMS THAT YOU MAY LOSE IF SGE DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO ANY PROVISION OF THESE TERMS, AN APPLICABLE GAME'S END USER LICENSE AGREEMENT, RULES OF CONDUCT, TERMS OF SERVICE AND/OR PRIVACY POLICY, OR FOR ANY MALFUNCTIONS AND/OR "BUGS" IN THE SERVICE AND/OR (III) A CLAIM THAT THE "VALUE" OF ANY VIRTUAL ITEMS HAS INCREASED OR DECREASED BY VIRTUE OF ANY MODIFICATION THAT SGE HAS MADE OR WILL MAKE TO THE SERVICE. 13. COPYRIGHT NOTICES/COMPLAINTS 13.1 It is SGE’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). SGE reserves the right to terminate without notice any user's access to the Service if that user is determined by SGE, in its sole discretion, to be a "repeat infringer." In addition, SGE accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Service in a way that may constitute copyright infringement, you may provide notice of your claim to SGE’s Designated Agent listed below. For your notice to be effective, it must include the following information: i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; ii. A description of the copyrighted work that you claim has been infringed upon; iii. A description of where the material that you claim is infringing is located; iv. Information reasonably sufficient to permit SGE to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted; v. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and vi. 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. SGE's Designated Agent is: SMILEGATE EUROPE.
Attn: Copyright Infringement Administrator
P.O. Box 6218
Fullerton, CA 92834
Email: customer.support@gamerage.com 13.2 If your user Content or other information has been affected by reason of a notification under the DMCA, you may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question. To file a counter-notification with us, you must provide us with a written communication sent to SGE’s Designated Agent identified above that sets forth the following items: i. An identification of the URLs or other unique identifying information of material that SGE has removed or to which SGE has disabled access; ii. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Los Angeles County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person; iii. A statement, under penalty of perjury, that you have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and iv. Your physical or electronic signature 14. DISCLAIMER OF LIABILITY 14.1 NEITHER SGE OR ITS LICENSORS AND THIRD PARTY PROVIDERS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "SGE PARTIES"), MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL SGE COMMUNICATION FEATURES. 14.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL INFORMATION, CONTENT AND SERVICES CONTAINED THEREON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SGE PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES AVAILABLE THROUGH THE SERVICE, IS AT YOUR SOLE RISK. 15. LIMITATION OF LIABILITY 15.1 SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN SECTIONS 14 AND 15 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE STATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. 15.2 IN NO EVENT WILL ANY OF THE SGE PARTIES BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THE SERVICE, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THE SERVICE OR ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH THE SERVICE; OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF SGE WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 15.3 IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY SGE PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING THE SERVICE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THE SERVICE IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM. 15.4 SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, INCLUDING (AS APPLICABLE IN YOUR JURISDICTION), WARRANTIES OF TITLE, POSSESSION, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRESPONDENCE WITH A DESCRIPTION OR SAMPLE OF THE APPLICABLE GOODS, AND THAT SERVICES WILL BE CARRIED OUT AT A REASONABLE PRICE, USING REASONABLE SKILL AND WITHIN A REASONABLE TIME. IN SUCH STATES OR JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH IN SECTION 14 AND 15 MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE SGE PARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF SUCH SGE PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THIS AGREEMENT. 15.5 IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. 15.6 THE SGE PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL SGE COMMUNICATION FEATURES OF THE STATION, BY ANYONE OTHER THAN AUTHORIZED SGE EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE SGE PARTIES, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL SGE COMMUNICATION FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL SGE COMMUNICATION FEATURES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT. 15.7 THE SGE PARTIES DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SERVICE AND NONE OF THE SGE PARTIES WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 16. Indemnification You agree to indemnify, save, and hold SGE, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. SGE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SGE, and you agree to cooperate with SGE’s defense of these claims. SGE will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service. 17. Seizure Warning A very small percentage of people may have seizures or blackouts when exposed to certain light patterns, flashing lights, or flashing images, including while playing or watching video games, even if they have never had a seizure or blackout in the past. Children and teenagers are more susceptible to seizure than adults. Symptoms of seizures include: lightheadedness jerking or shaking of the extremities disorientation full convulsions (which can lead to other injuries by causing an individual to fall off of a chair and/or strike objects nearby) confusion altered vision loss of awareness eye or muscle twitching If you experience any of these or similar symptoms while playing a video game, STOP PLAYING AND CONSULT YOUR DOCTOR IMMEDIATELY. Parents should watch when their children play video games and ensure their children are not experiencing symptoms. If you or anyone in your family has an epileptic condition or history of seizures, consult your physician prior to playing video games because you may have an undiagnosed condition. 18. Equitable Remedies You acknowledge that the rights granted and obligations made under these Terms to SGE are of a unique and irreplaceable nature, the loss of which shall irreparably harm SGE and which cannot be replaced by monetary damages alone. Accordingly, SGE shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any SGE game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by 15.4 (if any). 19. Disputes 19.1 The laws of the State of California, USA will govern these Terms, as well as any claim that might arise between you and SGE, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California, USA for the purpose of litigating all such claims. 19.2 You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms or Service exclusively in a state or federal court located in Los Angeles County, California, USA. 19.3 The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. 19.4 For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief shall resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The party requesting relief they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) all aspects of the arbitration shall be conducted in the English language; (c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (d) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. 19.5 All claims you bring against SGE must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, SGE shall be entitled to recover attorneys' fees and costs up to $2,000, provided that SGE has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. 20. Severability You and SGE agree that if any portion of these Terms or Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which shall continue to be in full force and effect. 21. Miscellaneous SGE’s 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 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. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement. SGE shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of SGE, including without limitation, 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. 22. Jurisdictional Issues Applicable to Users Outside the United States 22.1 The Service is controlled and operated by SGE from its offices within the State of California, USA. Accessing the Service from territories where the Service is illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Service is further subject to United States export controls. No software from the Service may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 22.2 You consent to having your personal data transferred to and processed in the United States. 22.3 Certain specific terms that apply only for users residing in Germany are as follows: i. SGE’s use of Content you submit is limited to use on or in connection with the Service. ii. The following shall be added to the end of Section 11.5. Notwithstanding the foregoing, if you purchase a product or service from SGE, you have the right to withdraw from a purchase within fourteen (14) calendar days following your purchase (the "Cooling Off Period"). Your purchase is confirmed and our obligation to deliver purchased Virtual Items complete when SGE indicates on the purchase page that your purchase is complete. However, you lose your right of withdrawal once both parties' obligations are fulfilled before the end of the Cooling Off Period. Note that if you purchase services or Virtual Items from SGE, performance begins immediately after we have confirmed your purchase as complete on the purchase web page, which shall indicate that SGE’s obligations to you for such purchase are fulfilled. If you exercise your right of withdrawal from the contract in accordance with these Terms, SGE is entitled to claim compensation for the services or Virtual items used up until the date of withdrawal. To withdraw from your purchase within the Cooling Off Period, email us at customer.support@gamerage.com and attach a copy of your purchase confirmation email. If you withdraw from your purchase within the Cooling Off Period, we will refund the Price as soon as reasonably practicable, and in any event within 30 days after the date that you exercise your right of withdrawal. iii. The following shall be added to the end of Section 15.4: SGE MAY ONLY BE LIABLE IN CASES OF WHERE IT IS ADJUDGED THAT SGE: (I) ENGAGED IN INTENTIONALLY DAMAGING CONDUCT; (II) WAS GROSSLY NEGLIGENT; AND/OR (III) IS IN BREACH OF THE REQUIREMENTS OF THE PRODUCT LIABILITY ACT IN ACCORDANCE WITH STATUTORY LAW. SGE MAY ALSO BE LIABLE FOR SLIGHT NEGLIGENCE IF SGE IS ADJUDGED TO BE IN BREACH OF A “MATERIAL” AND “FUNDAMENTAL” CONTRACTUAL OBLIGATION HEREUNDER. “MATERIAL” AND “FUNDAMENTAL” HERE MEANS OBLIGATIONS WHICH ARE ESSENTIALLY NECESSARY FOR THE FULFILLMENT OF THESE TERMS, THE BREACH OF WHICH WOULD NEGATE THE PURPOSES OF THESE TERMS AND THE COMPLIANCE OF WHICH YOU MAY RELY ON. IN SUCH CASES, SGE’S LIABILITY IS LIMITED TO TYPICAL AND FORESEEABLE DAMAGES. iv. Section 19.1 is replaced with: These Terms are subject to German law. 22.4 Certain specific terms that apply only for users residing in the European Union, excluding Germany, are as follows: i. The following shall be added to the end of Section 11.5. Notwithstanding the foregoing, if you purchase a product or service from SGE, you have the right to withdraw from a purchase within fourteen (14) calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if the performance of the services (for example, if you download Software or play a Game offered through the Service) begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase a license to use Virtual Items from SGE, your right of withdrawal is lost as the performance of our services begins promptly once your purchase is completed. To withdraw from your purchase within the Cooling Off Period, email us at customer.support@gamerage.com and attach a copy of your purchase confirmation email. If you withdraw from your purchase within the Cooling Off Period, we will refund the Price as soon as reasonably practicable, and in any event within 30 days after the date that you exercise your right of withdrawal. 22.4 Certain specific terms that apply only for users residing in the European Union, including Germany, are as follows: i. Section 1.1 is replaced by: SGE may, from time to time change, modify, add to, supplement or delete these Terms. Those changes will be effective upon prior notice as follows: SGE will post notification of any such changes to the Service website and will post any revised Terms in this location, and may provide other notice which may include by email, postal mail, pop-up screen, or in-game notice. If any future changes to these Terms are unacceptable to you or cause you to no longer be in compliance with these Terms, you must cease using the Service and terminate access to the Service by your Account in accordance with Section 5.8. After the expiration of one (1) month following the notification the continued use of the Service by you will mean you accept any and all such changes. With notification, SGE will remind you that your continued use after the expiration of one (1) month following notification signifies that you accept any and all changes. The modified version of these Terms shall enter into force at the beginning of the second month following the notification, unless SGE has received a notification of termination from you by that time. v. Section 2.1 is replaced by: i. SGE’s right to extraordinary termination of your Account or access to the Service for good cause remains unaffected. In particular, if you are in violation of these Terms, Privacy Policy, a Game EULA, or infringe any third party rights, SGE will make a reasonable determination based on the facts available to SGE as to whether such acts, omissions, or circumstances can be cured by you within a reasonable amount of time without harm or liability to SGE or third parties. If SGE determines in good faith that cure is not possible, not possible within a reasonable period, there is a refusal to cure, your behavior is grossly unacceptable (such as repeated or egregious violations of Sections 7, 8, or 9), or immediate termination is warranted to prevent harm or liability to SGE or third parties, SGE may immediately suspend, deactivate or terminate your Account and your access to the Service and inform you thereof. Otherwise, for minor infractions of these Terms, SGE will provide you with a reasonable opportunity to cure. ii. You are entitled to terminate this agreement at any time by ceasing use of the Service. You may cancel your Account in accordance with Section 5.8. Unless otherwise set forth herein, SGE provides no refunds for cancelations. 23 Notice; California Complaint Assistance 23.4 You may give notice to SGE by electronic mail to customer.support@gamerage.com or by first class mail, postage prepaid, or overnight courier to SMILEGATE EUROPE., Attn: TOU Administrator, P.O. Box 6218, Fullerton, CA 92834. SGE may give notice to you by means of a general notice through the Service, electronic mail to your e-mail address on record in SGE’s account information (if you are a registered member), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in SGE’s account information (if you are a registered member). 23.5 Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210.