ChangYou.com (US), Inc.
CAPACITY TO ACCEPT THE AGREEMENT
We caution you that certain portions of the Website and/or Service may contain mature content not suitable for minors. You must confirm that you are at least 18 years of age when accessing such adult content. By entering any part of the Website and/or Service which is intended for or is marked for mature audiences only, you certify that you are at least 18 years of age or the applicable age of majority in the jurisdiction in which you reside and have the legal right to access such content. We are not responsible in any way for your failure to accurately confirm your age per the terms.
After creating your Game Account, you must activate the Game Account within 35 calendar days by following the confirmation link in an email from us. CHANGYOU may delete all Game Accounts that have not been confirmed after the 35-day period. In addition, CHANGYOU may suspend or terminate in its sole discretion any activated Game Account that has been inactive for more than 12 months. CHANGYOU shall not be responsible in any way for suspending or terminating any inactive account.
Your Accounts are personal to you. Accounts are non-transferable and cannot be shared, borrowed or exchanged in any way. You may not select as your Accounts the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other users to believe you to be an employee of CHANGYOU, or which CHANGYOU deems in its discretion to be vulgar or otherwise offensive. You acknowledge and agree that CHANGYOU is not responsible for any claims, disputes or damages arising from such actions. CHANGYOU reserves the right to delete, or to change, any vulgar or otherwise offensive Accounts.
Notwithstanding the foregoing, you covenant that you shall be solely responsible for such User Content, including any fees, royalties, and/or damages resulting from any infringement of the rights of any third party. CHANGYOU reserves the right, but is not obligated, to remove or modify any User Content posted on any part of the Website or Service, for any reason or no reason with or without notice.
OWNERSHIP OF INTELLECTUAL PROPERTY
LICENSE GRANT AND CONDITIONS
You are also granted a limited, non-exclusive, revocable license to create a text hyperlink to the Website for noncommercial purposes, provided such link does not portray CHANGYOU or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult, illegal, or otherwise offensive material. This license may be revoked at any time, and is further conditioned upon your refraining from including in your hyperlink, either directly or through framing techniques, any of CHANGYOU's Intellectual Property and proprietary materials, including without limitation the CHANGYOU trademark and logo, and our designs, graphics and images.
CHANGYOU has sole discretion in determining whether a violation of the license conditions mentioned above has occurred, and in determining the appropriate user disciplinary action, which may include immediate suspension or termination of your Accounts or the license granted.
GAME ACCESS AND UPDATES
You will need to have appropriate third-party services, including hardware, software, and Internet connectivity, to access the Website and the Service. You acknowledge and agree that CHANGYOU is not responsible for any issues, including without limitation service interruptions and fee disputes, related to those third-party services.
From time to time, you may need to download, and we may patch or update certain features or versions of our Games. This process may involve the automatic update and installation of such features or versions of the Games on your computer. In addition, during the operations of the Games, our system may scan your computer and automatically install the recommended system settings. You hereby consent to, and waive further notice of, such installation on your computer. You also acknowledge that when you uninstall our Games or software from your computer, all data related to such Games or software may be lost, and you are responsible for storing any data that you intend to retain.
CHARGES AND CHARGEBACKS
CHANGYOU will not have access to or record any credit card or debit card information that you provide to a Third Party Payment Service. CHANGYOU is not responsible for any claims, disputes or damages arising from use or misuse of such information by any such Third Party Payment Service.
CHANGYOU owns or has rights to all contents that appear in the Games. You acknowledge and agree that you have no right to any such content, including but not limited to currency or virtual goods that appear or originate in the Games. CHANGYOU does not recognize any transfer of in-game virtual property executed outside of the game, or any “real world” sale, gift or trade of anything appears or originates in the Games. CHANGYOU is not responsible for, and shall not be liable for, any claims, disputes or damages arising from such actions. CHANGYOU is also not responsible for any claims, disputes or damages arising from Accounts and/or item stolen or from payment fraud.
Any chargeback claims are subject to our investigation and dispute through any forum. Only charges that, in CHANGYOU's sole determination, were a result of identity theft or fraud will be refunded. If your chargeback claim is deemed unreasonable or invalid, you agree to pay for all fees and costs arising from the disputed chargeback, including without limitation legal fees and expenses, damages, chargeback fees, and loss of profits.
THIRD PARTY CONTENT
The Website, the Games, and the Service may contain links to, or may be linked from, other web sites operated by third parties ("Third Party Sites"). CHANGYOU is not responsible for, and makes no representation or warranty with respect to, the quality, accuracy, nature and content of any Third Party Sites, including without limitation any changes, updates, or links contained therein (collectively, "Third Party Content"). CHANGYOU may run advertisements on or from Third Party Sites. However, the Third Party Sites and Third Party Content are neither under CHANGYOU's control, nor governed by our terms and policies. Your business dealings with such third parties are solely between you and such third party, and CHANGYOU is not liable for any loss or damage of any sort as a result of any such dealings. CHANGYOU is providing links to these Third Party Sites only as a convenience to you, and their inclusion on our Website does not imply endorsement by us of the Third Party Sites or Third Party Content, or any association with their operators.
You shall not access or attempt to access the Website, the Games, or the Service through third-party tools such as server emulators, 'bots,' and/or any other hardware or software that would (i) allow anyone else or any non-human tool to play the Games on your behalf, or (ii) impose a disproportionately large load on our networks, servers, or infrastructure.
SERVICE INTERRUPTION; TERMINATION
The Website and the Service may be interrupted or suspended from time to time due to maintenance, updates, blocked access, or other reasons beyond our control. Such interruptions may occur with or without prior notice. CHANGYOU may also suspend or terminate the Website and the Service at any time and at its sole discretion, with or without prior notice. You acknowledge and agree that CHANGYOU shall not be liable for any such interruption, suspension, termination or any other delay or failure to perform due to any reasons. You further acknowledge and agree that CHANGYOU has no obligation to refund any tokens or credits affected by such interruption, suspension and/or termination. You also acknowledge and agree that CHANGYOU is not responsible for any losses due to any suspension and/or termination of service.
We may take disciplinary actions against you for any user violations. Such disciplinary actions may, in our sole discretion and determination, involve warnings, penalties, suspension or termination of your Account activity and/or Account. In addition, if any amount is debited from any CHANGYOU's merchant account with any Third-Party Payment Service due to a chargeback claim with respect to any purchase of tokens or prepaid game card, we may, in our sole discretion, suspend or terminate any or all Account activities and/or Account(s) of the user(s) who purchased such tokens or prepaid game card. Notwithstanding the foregoing, you acknowledge and agree that we have the right to suspend or terminate your Account at any time for any reason, with or without warning or notice.
OFFICIAL SERVICE AND TESTING
The Games are designed for play only as offered through our Website. You agree not to access, create or provide any other means through which the Games may be played by others, such as through sever emulators, which are not authorized by CHANGYOU.
In some tests such as an alpha or pre-closed beta test (a "Test"), we may create a Game Account and Password for you. Unless otherwise instructed, you are responsible for changing the password immediately after you receive it and for all risks associated with its use. You agree that you will abide by all regulations in the above "user accounts".
In addition, during the operation of the Games, our system may scan your computer and automatically install the recommended system settings. You hereby consent to, and waive further notice of, such installation on your computer. You also acknowledge that when you uninstall our Games or software from your computer, all data related to such Games or software may be lost, and you are responsible for storing any data that you intend to retain.
You may have the opportunity to preview non-public new games and features in a Test solely for the purpose of evaluating the games and identifying errors. You acknowledge that these new games and features are provided for testing "as is" and may contain known or unknown bugs, may not operate properly, may interfere with other software applications, and may cause loss of data or other problems. CHANGYOU makes no warranty to you of any kind, express or implied, with respect to any such games and features. You understand that CHANGYOU has no obligations to provide such games and features to you in the future, and that any tokens, characters or status you achieved during the Test may be erased and reset at any time.
You acknowledge and agree that all Tests and all information about the games, features, and other elements involved in the Tests, including without limitation any comments, ideas or other feedback (collectively the "Feedback") you may provide to us, are confidential (the "Confidential Information"). You agree that the Confidential Information will be used by yourself and for the purpose stated above only, and you agree to use all reasonable steps to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person or from falling into the public domain. All Confidential Information shall remain the sole property of CHANGYOU, and we may use such Confidential Information for any purpose without any obligation to you. You agree that breach of the above confidentiality obligations will cause irreparable harm to us, and CHANGYOU is entitled to (in addition to any other remedies available to it) ex parte injunctive relief, without posting a bond, to prevent the breach or threatened breach of your obligations. Your confidential obligations shall continue until CHANGYOU publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games, features and content that you are testing.
CHANGYOU AND/OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS MAKE NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, AND ANY ERROR- OR VIRUS-FREE ENVIRONMENT OF THE WEBSITE AND THE SERVICE, AND ALL INFORMATION, SOFTWARE, AND MATERIALS CONTAINED THEREIN, WHICH ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHANGYOU AND/OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH WEBSITE, SERVICE AND ALL INFORMATION, SOFTWARE, AND MATERIALS CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
DIGITAL MILLENNIUM COPYRIGHT ACT
Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide the following information to CHANGYOU: • an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • identification of the copyrighted work that you claim to have been infringed, or, if multiple copyrighted works are covered by your notice, a representative list of such works; • identification of the content that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CHANGYOU to locate the content; • your name, address, telephone number, and E-mail address; • 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 • a statement by you that the above information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed. Please send such notice to: ChangYou.com (US), Inc. 2700 Augustine Dr. Suite 165 Santa Clara, CA 95054 CHANGYOU will take reasonable steps to promptly notify the user whose submission was removed or disabled that CHANGYOU has removed or disabled access to such content.
If you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have sufficient authorization from the copyright owner, from the copyright owner's agent, or pursuant to applicable law, to post and use the content in your user submission, you may send a counter-notice containing the following information to CHANGYOU:
• your electronic or physical signature; • a description of the content that has been removed or to which access has been disabled; • identification of the location at which the content appeared before it was removed or access to it was disabled; • your name, address, telephone number, and E-mail address; • a statement by you that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which CHANGYOU may be found, and that you will accept service of process from the person who provided notification of claimed infringement or an agent of such person; and • a statement by you under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.
Please send such notice to: ChangYou.com (US), Inc.2700 Augustine Dr. Suite 165 Santa Clara, CA 95054
If a counter-notice is received by CHANGYOU, CHANGYOU may send a copy of the counter-notice to the original complaining party informing that person that CHANGYOU may restore the removed content or cease disabling access to it in 10 business days. Unless the copyright owner files an action seeking a court order against the member or user, CHANGYOU may replace the removed content and cease disabling access to it in not less than 10, nor more than 14, business days after receipt of the counter-notice.
Last Updated on May 25, 2011.
ChangYou.com (US), Inc.
Collection of your Personal Information
CHANGYOU collects personal identifiable information, such as your name, address, telephone number, and email address (“Personal Information”). We also collect anonymous demographic and usage pattern information which is not unique to you, such as your geographic area, age, gender, preferences, interests, favorites, log-in frequency, purchase history, and usage history. This demographic and usage pattern information is not considered Personal Information except when it is used in conjunction with other information that personally identifies you.
When you access or use the Website and any features contained therein, we also automatically collect technical information about your computer hardware and software. This information can include your IP address, browser type, domain names, access times, and referring web site addresses, etc. This technical information is not considered Personal Information except when it is used in conjunction with other information that personally identifies you.
We may aggregate your demographic and/or technical information to help us understand our users’ trends and needs, and to improve the quality of our services. Such aggregated data will remove personally-identifying information and will not be considered Personal Information.
Please keep in mind that any information you post on or send through the Website’s discussion forums, chat rooms, or messaging functions is publicly available and not confidential. If you disclose your Personal Information or other personally sensitive data through such channels, it may be collected and used by others, and CHANGYOU shall not be liable for any resulting claims, losses, or damages.
Use of your Personal Information
We use your Personal Information to: (a) operate the Website and provide the services we offer; (b) deliver the services you request; (c) provide technical support; (d) verify any online payment, telephone payment, and pre-paid card transactions, which are solely processed through third-party service providers with their own privacy policies for which we are not responsible; (e) investigate alleged fraud, infringement, or other misconduct; (f) send you newsletters; and (g) inform you about other products, services, events, and promotions available from CHANGYOU or its affiliates. We may also use your Personal Information to contact you via surveys or other research regarding your opinion of any current and potential services.
We may share Personal Information with our service providers who need access to such information in order to complete the work they have been engaged to do. In some cases, such service providers may directly collect Personal Information from you on our behalf. Although we require such service providers to safeguard any Personal Information received from us or collected on our behalf, we are not responsible or liable in any way for the acts or failure to act by any such service providers.
We may disclose your Personal Information without notice if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on us; (b) protect and defend the rights or property of CHANGYOU; and (c) act under exigent circumstances to protect the personal safety of users of the Website or the public.
The Website uses "cookies" to save you time and personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. A cookie tells the web server that you have returned to a specific page and helps the web server to recall your customized features. Information transmitted through cookies is not considered Personal Information unless it contains information that personally identifies you.
You have the ability to accept or decline cookies; please refer to your web browser’s instructions. However, if you choose to decline cookies, you may not be able to experience certain interactive features of the Website.
We may use third parties to better understand your user preferences and deliver targeted advertisements to you. These third parties may also place cookies on your computer. This policy does not apply to, and CHANGYOU is not responsible for, cookies placed or data collected by such third parties.
We may, but are not obligated to, monitor and retain any and all data you transmit through our servers, including without limitation communications sent through or posted on the Website’s discussion forums, chat rooms, and messaging functions, whether or not marked “private” by you. You acknowledge and agree that you have no expectation of privacy with respect to any such data transmitted, and you consent to any monitoring we may conduct.
Security of your Personal Information
We use commercially reasonable efforts to secure your Personal Information from unauthorized access, use, or disclosure. We secure the Personal Information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We also use industry-standard encryption, such as the Secure Socket Layer (SSL) protocol, to protect certain kinds of information transmitted through the Website, such as your account password. Unfortunately, there are many factors beyond our control that could result in disclosure of Personal Information or any other information that you provide to us, and no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot ensure, and we disclaim any warranties or representations relating to, the security of any information you transmit to us, and you do so at your own risk.
Updating your Personal Information
You may review, correct, update, or delete your Personal Information maintained by us. Please provide us with sufficient proof of your identity and appropriate documentation of corrections to be made. You can contact us at:
Changyou.com (US), Inc.
2700 Augustine Dr, Ste 165
Santa Clara, CA, 95054
Please note that certain Personal Information, such as your date of birth or age, cannot be deleted unless you cancel your account. We also reserve the right to retain your Personal Information after account cancellation if such information is necessary to resolve any disputes or to comply with legal requirements.
We do not solicit or knowingly collect any information from children under the age of 13, and you must be at least 13 years of age to use the services provided by the Website, including creating a user account. We encourage parents to obtain additional information about safe use of the Internet at http://www.ftc.gov/kidzprivacy/, and to instruct your children not to disclose any Personal Information without first consulting with their parents.
Last Updated on June 25, 2009.