Terms of Use

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Smilegate West, Inc. Terms of Use

The terms of this agreement ("Terms") govern the relationship between you and Smilegate West, Inc. (the "SGW") regarding your use of SGW”s games (including mobile games) and related services, including SGW, z8games branded websites (such as the website located at www.z8games.com) and gamerage branded websites (such as the website located at gamerage.com) (collectively, the "Service"). SGW includes its 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 SGW makes from time to time. These Terms do not supersede any End User License Agreement (the "EULA") that may accompany an SGW game (each a “Game”) or any other specific terms of use that may accompany a Game (the “Game-specific Terms”). The EULA governs your use of any Game client software you download and install onto your computer. These Terms govern your use of the Service. If any of these Terms conflict with terms contained in the EULA and/or any Game-specific Terms, the terms in the EULA and/or the Game-Specific Terms shall govern. Use of the Service is also governed by SGW”s Privacy Policy. 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 SGW 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 remove any Software (defined in Section 4.1) installed on your computer and stop using the Service. You must provide all equipment and software necessary to connect to the Service, which may include a mobile device. You are responsible for all internet fees, data fees, or mobile fees that you incur while accessing the Service. 1. Changes to Terms 1.1 SGW reserves the right, at our discretion, to change, modify, add or remove portions of these Terms at any time. SGW will update these Terms as the Service and applicable law evolves (“New Terms”). SGW will notify you of the New Terms by posting the New Terms at this location, and may provide other notice which may include by email, postal mail, pop-up screen, or in-game notice. Your continued use of the Service will signify that you have reviewed and accepted the New Terms. In any event, all New Terms become effective 30 days after being posted. 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 SGW. 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 SGW 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 USER ACCOUNTS, 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 SUSPENSION, DEACTIVATION, OR TERMINATION, AS WELL AS ANY BENEFITS, PRIVILEGES, ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND SGW IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. 2.2 SGW reserves the right to stop offering and/or supporting the Service or any part thereof 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, SGW 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 Subject to your agreement and continuing compliance with these Terms, SGW 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 2. You understand that while at times you may “earn” "buy" or "purchase" (a) virtual currency 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. Virtual Items are non-transferable to another person or Account (unless otherwise explicitly permitted by SGW), has no cash value and is not redeemable for any sum of money or monetary value from SGW at any time. Virtual Items do not constitute a personal property right. We reserve the right to reduce, liquidate, deactivate, suspend or terminate your Virtual Items or access thereto if we suspect, after investigation, that you have misused Virtual Items or have otherwise used them to conduct any fraudulent or illegal activity. 4. Software, Game Client 4.1 The Service and 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 SGW, 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. Software, including, without limitation, all HTML code contained on the Service, is owned by SGW, our licensors, and/or other suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software or Service 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 EULA. EXCEPT AS MAY BE WARRANTED IN THE EULA, AND SUBJECT TO SECTION 17.4 BELOW, SGW AND SGW”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 You may be required to register and create a personal account on the Service ("Account"). You may also be required to have an account with a social networking service (“SNS”) through which you connect to the Service, or have an account with the applications provider for your mobile device. If you access the Service from an SNS you shall comply with its terms of service/use as well as these Terms. 5.2 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 SGW. The use of any information that you provide to us in connection with registering for an Account is subject to our Privacy Policy. 5.3 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, SGW has the right to suspend or deactivate your Account and refuse you from any and all current and future use of the Service (or any portion thereof). 5.4 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. 5.5 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 SGW 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). 5.6 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. You agree to notify SGW immediately of any unauthorized use of your Account or any other breach of security (and to provide properly documented evidence as reasonably requested by SGW). 5.7 SGW 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 SGW 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 suspension or deactivation of your Account without refund or compensation to you, and the imposition of additional charges to your Account based on any unauthorized use. 5.8 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. 5.9 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. 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 SGW 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 SGW'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 SGW; 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 SGW with respect to the Service and/or data transmitted, processed or stored by SGW; 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. 7. CrossFire Game Policy All CrossFire game related activity including but not limited to: character naming, accounts, in-game behavior, items purchase and refund, chargebacks, banning and unbanning, items addition and removal, responsibility of actions, hacking, and scamming are governed by CrossFire Game policy mentioned below. By accepting these terms, you also agree to follow and abide by all the game policies and procedures. 8. Community Forums 8.1 SGW provides community forums ("Forums") for use by users of the Service allowing users to help each other in a constructive and positive atmosphere. If SGW 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 or deactivated with or without notice and without any right for you to review or appeal. SGW 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. 8.2 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. SGW does not approve, and you, not SGW, 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. 9. Company Duty to Monitor You agree that SGW is not liable for Content provided by other users. SGW has no duty to pre-screen user generated Content, but SGW has the right to refuse to post or to edit any submitted Content. SGW reserves the right to remove Content for any reason, but is not responsible for any failure or delay in removing such material. 10. Fee-Based Services and Purchases 10.1 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. SGW 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. 10.2 SGW 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. 10.3 In the Service you may purchase, with "real world" money, a license to use Virtual Items and or other goods or services. You may also obtain a license to use Virtual Items by redeeming SGW game cards or third party virtual currency, such as Facebook Credits. 10.4 If you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s Payment Terms and SGW is not a party to the transaction. 10.5 You can license Virtual Items by visiting the purchase page in one of our games or through a SNS or third party mobile application, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. By ordering a license to use Virtual Items you agree and accept that the Virtual Items ordered will be promptly provided to you following completion of your purchase. If you have elected to purchase products and/or services, 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 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. SGW may revise the pricing for the goods and services it licenses to you through the Service at any time. YOU ACKNOWLEDGE THAT SGW 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 SUSPENDED OR DEACTIVATED, OR IF YOU ARE DENIED ACCESS TO THE SERVICE, WHETHER SUCH SUSPENSION, DEACTIVATION, OR DENIAL WAS VOLUNTARY OR INVOLUNTARY. If you reside in the European Union and you purchase a product or service from SGW, you may have the right to withdraw from a purchase within seven (7) 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 begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase a license to use Virtual Items from SGW, 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, submit your requests on the online support page located at z8games branded websites or gamerage branded websites 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. 11. Virtual Items Generally 12.1 You agree that SGW retains the unfettered right to modify any and all aspects of the Service and Virtual Items. You acknowledge that SGW has been, is, and will be constantly making changes to the Service. You further acknowledge that SGW 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 SGW, 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 SGW 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 SGW 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 SGW HAS MADE OR WILL MAKE TO THE SERVICE. 12. TERMINATION These Terms are effective until terminated. You may terminate these Terms agreement by deleting the Software from your computer and terminating all SGW Accounts registered to you. You acknowledge and agree that you are not entitled to any refunds, benefits or other compensation for any purchases or pre-payments made prior to any termination of these Terms, or as a result of suspension or deactivation of your Account. 13. COPYRIGHT NOTICES/COMPLAINTS 13.1 It is SGW's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). SGW reserves the right to terminate without notice any user’s access to the Service if that user is determined by SGW, in its sole discretion, to be a "repeat infringer." In addition, SGW accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. The 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 SGW’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 SGW 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. SGW's Designated Agent is: Smilegate West, Inc.
Attn: Copyright Infringement Administrator
PO Box 10061
Toronto, Ontario, CANADA M2N 0B6
Email: info@smilegatewest.com 13.2 If your 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 SGW’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 SGW has removed or to which SGW 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 SGW, ITS LICENSORS AND THIRD PARTY PROVIDERS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "SGW 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 SGW 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 SGW 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 THESE TERMS. 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 16 AND 17 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 SGW 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 SGW WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 15.3 IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY SGW PURSUANT TO THESE TERMS, 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 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 JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH IN SECTION 16 AND 17 MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH JURISDICTIONS, THE LIABILITY OF THE SGW PARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF SUCH SGW 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 SGW 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 SGW COMMUNICATION FEATURES OF THE STATION, BY ANYONE OTHER THAN AUTHORIZED SGW EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE SGW PARTIES, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL SGW 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 SGW 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 SGW PARTIES DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SERVICE AND NONE OF THE SGW 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 SGW, 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. SGW reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SGW, and you agree to cooperate with SGW’s defense of these claims. SGW 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 or of the Service. 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 SGW are of a unique and irreplaceable nature, the loss of which shall irreparably harm SGW and which cannot be replaced by monetary damages alone. Accordingly, SGW 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 SGW 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 monetary damages (but only to the extent permissible under these Terms). 19. Disputes 19.1 These Terms and the relationship between you and SGW shall be governed by the laws of the province of Ontario and Canada without regard to its conflict of law provisions. You and SGW agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada. 19.2 The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. 19.3 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 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. 19.4 All claims you bring against SGW 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, SGW shall be entitled to recover attorneys’ fees and costs up to $2,000, provided that SGW has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. 20. Severability You and SGW 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 SGW’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. SGW shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of SGW, 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 22.1 The Service is controlled and operated by SGW from its offices in Ontario, Canada. 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. You shall not use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals. 22.2 Certain specific terms that apply only for users residing in the European Union, are as follows: Section 2.1 is replaced by: SGW’s right to deactivate your Account or suspend 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, SGW will make a reasonable determination based on the facts available to SGW as to whether such acts, omissions, or circumstances can be cured by you within a reasonable amount of time without harm or liability to SGW or third parties. If SGW 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, or immediate deactivation or suspension is warranted to prevent harm or liability to SGW or third parties, SGW may immediately deactivate or suspend your Account and your access to the Service and inform you thereof. Otherwise, for minor infractions of these Terms, SGW will provide you with a reasonable opportunity to cure. You are entitled to terminate these Terms at any time by uninstalling Software from your computer and ceasing further use of the Service. Unless otherwise set forth herein, SGW provides no refunds or compensation for cancelations. 23 Notice 23.1 You may give notice to SGW by electronic mail to info@smilegatewest.com or by first class mail, postage prepaid, or overnight courier to Smilegate West, Inc., Attn: TOU Administrator, PO Box 10061, Toronto, Ontario, CANADA M2N 0B6. SGW may give notice to you by means of a general notice through the Service, electronic mail to your e-mail address on record in SGW’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 SGW’s account information (if you are a registered member).

CrossFire Game Policy

1. Responsibility of actions All actions taken on an account are the responsibility of its owner. This includes but is not limited to, hacking, acting in an excessively negative nature and abusing bugs. Accounts may have action taken against them no matter who was on the account at any given time. If an account was lost due to a scam and subsequently broke the Terms and Conditions, Gamerage takes no responsibility for the actions performed while the account was lost. 2. Account 2.1 Account Responsibility It is the responsibility of the account holder to ensure that the information used to create the account remains remembered and confidential by the creator of the account. This information may include, but is not limited to; The Login ID information, The Registration Email and the Security Question and Answer. Gamerage takes no responsibility to prove ownership of the account if this information is voluntarily transmitted to other people. Additionally, Gamerage will never ask any user for their Account Password. GameRage takes no responsibility for the inability of the account holder to provide any and all of the information listed above. Gamerage may not be able to grant account access to the account if the information is not provided. It is the responsibility of the account holder to ensure that additional measures are taken for the security of the account. This includes but is not limiting to, running regular virus and malware checks, monitoring appropriate file sharing and watching what websites are being clicked on. Gamerage takes no responsibility for the loss of an account due to a ‘phishing” website, ‘key-logging” programs or other malicious software. Gamerage takes no responsibility for the loss of items due to scams, hacking, account sharing or other actions beyond Smilegate West and Gamerage control. It is the player’s responsibility to report lost items or situations for investigation no later than 48 hours after the event; however it is not Gamerage or Smilegate West’s obligation to return items once the investigation is complete. 2.2 Account Sharing Accounts shall not be shared between people. This includes but may not be limited to such people as friends, relatives, parents, children, spouses, co-workers, clan members etc. It is the responsibility of the account holder to keep all information about the account secure. Gamerage takes no responsibility for an account in which more than one person may know the confidential information of. Accounts involved in sharing instances may require information to prove ownership. Gamerage reserves the right to leave the account in its current state or close an account if information can’t be corroborated. 2.3 Account Buying/Selling/Trading Gamerage does not allow the buying or selling of its property. This includes but is not limited to accounts, items contained within accounts or any other virtual property created within its games. Accounts may be suspended or closed if investigated or caught participating in selling or the promotion of account selling or any other solicitation involving account or item buying/selling. 2.4 Account Suspension Gamerage may, at any time, issue Warnings, Temporary Suspensions or Permanent Account Closures for any conduct that Gamerage believes is in violation of this Agreement or detrimental to the interests of another User or Third Party. In the event an account receives a Warning or Suspension, information will be transmitted to the player via the Gamerage website. It is the player’s responsibility to contact Gamerage regarding any closures or actions taken on an account within 30 days of said action. 2.5 Account Closure Gamerage reserves the right to terminate or close any account, without notice for any reason. In such cases Smilegate West Inc and Gamerage has no liability to you. 2.6 Suspension and Ban Disputes Players have 48 hours to contact Gamerage regarding any ban dispute including but not limited to; Hacking, Harassment, Impersonation and other malicious activity in-game. Contacting Gamerage regarding a dispute for these reasons does not ensure the account will be recovered. 2.7 Account Return and Recovery In the event that an account becomes compromised it is the player’s responsibility to contact Gamerage with the most amount of information they can provide. Gamerage may require additional information to prove account ownership. This information includes but is not limited to; the security question and answer, the original Registered Email, the IP address of the registering computer and Financial Transaction receipts/records. If at such time it is impossible for Gamerage to prove ownership then the account may be ignored, left in its current status or closed. It is not the responsibility of Gamerage to return lost accounts to any specific person or player Additionally Gamerage staff will only ask for account information as listed above by direct communication and only through our support site. 3. Conduct & Behavior It is the responsibility of the user to act accordingly while playing games on the Gamerage Portal, or within their website. This may include, but is not limited to the Gamerage Forums, Crossfire. Gamerage, in its sole discretion, reserves the right to close or remove users who act negatively towards the community and/or other users of its products. 3.1 Character Naming Conventions A name references any or all public display of identity within the gamerage website and within games on the gamerage platform. Character, clan and forum names may be compromised of any legal letter, symbol or number combination allowed by the restrictions placed in the game or website environment. Character names may not, in any way, reference negative content including, but not limited to; sexual, racial/ethnic, slang, extreme violence, obscene and vulgar slang/language. Gamerage, in its sole discretion reserves the right to judge the content of a character, clan or forum name and determine the best course of action. Gamerage in its sole discretion, reserves the right to change any character, clan or forum name of any account or player in its games or website. Reasons for a name change include, but are not limited to; Negative conduct described in this document, Harassment of players, identity theft or account inactivity. No warning will be given when a character, clan or forum name is changed based on these rules. 3.2 In-Game and Forum Chat/Messages In-Game chat is defined as any action taken in a public or private chat channel within any of the outlets on the Gamerage portal. This includes, but may not be limited to; Server, Channel, Game and Private chat in any Gamerage Product as well as the Gamerage Community Forum. Gamerage, in its sole discretion, reserves the right to take disciplinary action towards any account found acting negatively towards other users. Negative actions may include, but are not limited to; Racial and derogatory comments, discrimination, continual chat harassment, sexual harassment (including sexual orientation harassment), and scamming attempts. 3.3 Harassment Definition and Clauses Harassment includes, but is not limited to, Stalking, inappropriate name-calling, offensive or negative remarks directed to a single player or group of players, impersonation and false information. All harassment cases may be reported through the appropriate channels to a Gamerage representative, however, Gamerage, in its sole judgment, will determine the extent to which a player or account may be punished for harassment. 3.4 Impersonation Gamerage, in its sole discretion, reserves the right to take action against any player or account found to have been impersonating other players, administrators, GM (Game Master), or Player Moderators. 3.5 Cheats, Hacking, and Malicious Software Usage Gamerage under no circumstance tolerates any kind of game altering software, hacking programs, external key loggers, malicious software or game hacking of any kind. This may or may not be limited to software that alters the game files, accesses parts of the game that are otherwise inaccessible by normal operation or software that attempts to misdirect, impersonate other site or otherwise gain account information outside of the games and website. Gamerage reserves the right to take appropriate action against any user or user account that has used any malicious third-party software or game hacking tools within its games or website. Gamerage also reserves the right to hold judgment on whether a player has been using a hacking program within its games. Each case will be reviewed and the decision that Gamerage staff comes to will be held as final and indisputable. 3.6 Gameplay Conduct Gamerage, in its sole discretion, will determine the course of action in any case involving the act of “griefing” (causing other players problems performing standard functions of the game), Kill Stealing (when players or groups of players are involved in engaging mobs for the purposes of disrupting regular gameplay), or any other action that Gamerage determines, after review, is necessary to enforce. If you attempt to exploit a Bug in a Game or to affect the Service, Gamerage may, in its sole discretion, take action against you based upon its assessment of the exploitation, including, but not limited to, whether: (a) you attempted to exploit the Bug intentionally, maliciously, and/or on multiple occasions; (b) your actions damage another character, gameplay of other users, Game functionality, any aspect of the Service, and/or any activities of other users of the Service; and (c) whether or not you sought to conceal your attempt to exploit a Bug. 3.7 Reporting Responsibility It is the responsibility of the account holder to report, to the Gamerage Support Site, any violations of the rules within this agreement. Gamerage reserves the right to take any level of action based on the reported evidence. 3.8 Excessive/Repetitive/Abusive Reporting Gamerage reserves the right to take action against players or accounts that have repeatedly sent notice of other players, accounts or rule violations, whether these notices are legitimate or not. These actions may also include, false hack reports, continued harassment of Gamerage Administrators and Staff, excessive use of profanity and/or abusive language or ignoring of GM instructions. 4. Billing & Monetary Policy 4.1 Virtual Currency Some or all games under the Gamerage portal may offer the ability to use and/or obtain virtual currency to purchase/license items and/or services. This virtual currency can only be used in their intended games and may not be used in any game not designated by the game’s developer or publisher. You may be required to pay real currency in order to obtain certain types of virtual currency or other online currency. Gamerage, in its sole discretion, reserves the right to change or alter the value of virtual currency or other online currency you purchase for any given amount at any time. All changes to these values will not require any prior notice but will be reflected in the new values at the time of purchase. No refunds will be given at any time for incorrect buyer perception of the values given. Your purchase of virtual currency or other online currency is final and shall under no circumstances be refundable, exchangeable or transferable including, without limitation, upon termination, suspension, and/or ban of your Gamerage account for any reason, termination of this agreement, and/or the discontinuation of the services. 4.2 Rage Points (RP) Refund Policy Rage Points are the virtual currency used to purchase items in-game. All payments made to purchase RP are final and cannot be refunded. 4.3 Item Purchase and Refund Policy All Item Purchases are final. Gamerage takes no responsibility for mistaken actions within its game relating to item purchasing. Refunds (of Rage Points) will be given for item purchases so long as the purchaser contacts Gamerage within 48 hours of the purchase. Refunds (of Rage Points) will be given for CrossFire items with durations of 30 days or more only if the purchaser contacts Gamerage within 48 hours of the purchase of the item. Refund of this type will only be given once per account. 4.4 CrossFire Black Market Crates Refund Policy All Black Market Crates sales are final. No refunds or exchanges will be given for the crates themselves and no items won from the crates can be exchanged for other items. Black Market Coupon refunds will be given for accidental exchanges as long as the purchaser contacts Gamerage within 48 hours of the original coupon exchange. A refund of this type will only be given once per account. 4.5 CrossFire Same-Item-Type Storage Maximum An account may own up to a maximum of six (7) items of any individual type from the Black Market and a maximum of five (7) of any individual VIP item. No Compensation will be given if a player wins an item of the same type that exceeds this maximum (more than 7). 4.6 CrossFire Temporary Items Temporary Items, those which have timed days in both Crossfire, will not have their timers held for account suspensions of any kind. No refund or exchange will be given for an item which runs out of its timer during the period in which an account is suspended in accordance to the above. 4.7 Item Transfer Policy It is the responsibility of the player to understand that all item sales are for the single account which purchased the item only. Transfer of items is not possible and requests for such actions will be denied. 4.8 Item Deletion Policy Because all purchases within Crossfire are final, we do not delete any weapons from accounts based on user requests. If you own a weapon item and the refund policy no longer applies, that weapon will be on your account and we will not process requests to arbitrarily remove it. 4.9 Chargeback Policy Accounts that have incurred chargebacks will receive a penalty fee of $15-$25 USD per chargeback transaction (varies by payment method or credit card brand). Reversal of account closure can be made through full payment of original purchase order, including the penalty fee, in the form of a money order; unless stated otherwise by the staff of Gamerage. All payments should be in US dollars and must be accessible in Canada. All payments can be mailed to the following address, and must include a detailed description of all the accounts related the charge. Please note all chargeback accounts will remain closed until we receive your payments. Smilegate West, Inc.
5000 Yonge Street, Unit: 1701
Toronto, Ontario – Canada
M2N 7E9