TERMS OF USE
ChangYou.com (US), Inc.
AGREEMENT
By using this site at us.changyou.com and all sites that are operated by ChangYou.com (US), Inc. ("CHANGYOU") associated with such URL (collectively, the "Website"), and/or by accessing any games ("Games"), materials, and services, including but not limited to updates, game items and payments, provided through the Website (collectively, the "Service"), you agree to accept and be bound by all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). Additional terms and conditions, including without limitation the Website's Privacy Policy, In-game Rules of Conduct, Payment Agreement, and Forum Rules of Conduct, may apply to certain portions of the Service, and such terms and conditions are made a part of the Terms of Use by reference. If you do not agree to the Terms of Use, you may not use the Website and the Service. We may, from time to time, modify, amend, or supplement the Terms of Use without any notification. Such modifications, amendments or supplements shall be effective immediately upon posting on the Website and/or Games/Service. Please check the Terms of Use periodically for changes. If any change is unacceptable to you, you may cancel your accounts at any time, but CHANGYOU will not refund any fees that may have accrued to your accounts before such cancellation, and we will not pro-rate fees for any charges. Your continued use of the Website and/or the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. In addition, CHANGYOU will not be responsible for your failure to be familiar with any modifications, amendments or supplements posted on the Website and/or Games/Service. Please read the following information carefully. By clicking on the "YES" button, you accept and acknowledge that you have read and understand the terms and conditions of the Terms of Use, and that you agree to be bound by the terms. If you do not agree to the terms and conditions of the Terms of Use, please click on the "NO" button or promptly exit the page. If you have any questions regarding these terms and conditions, please contact our customer service by visiting the following link: http://cde.us.changyou.com/do/web_service/contactus.jspCAPACITY TO ACCEPT THE AGREEMENT
You must be at least 13 years of age to use the Website and Service and to create a user account (either a Game Account or a Forum Account). If you are 13 or over, but are under the age of 18, you must review the Terms of Use with your parent or guardian before accepting them and creating a user account. By using the Website and/or Service or creating a user account, you represent that you, or, if you are under 18, your parent/guardian, have the legal capacity to agree to the Terms of Use, have read and agreed to the Terms of Use, and are not barred from receiving services offered by us under the laws of the United States and any other applicable jurisdiction.USER ACCOUNTS
You agree to provide true and accurate information necessary to create your user accounts (i.e., a Game Account and/or Forum Account, which are referred to collectively as "Accounts"). You further agree to promptly update your Accounts to maintain their truth and accuracy at all times. You are solely responsible for your Accounts, including the confidentiality and security of your Account names and passwords, and all activities and transactions that occur under your account. You agree to immediately notify us of any breach of security or unauthorized access related to your Accounts. Notwithstanding your notice to us and/or any assistance we provide to change your password, you hereby acknowledge and agree that you are solely responsible for all risks, including unauthorized access, related to your Accounts. If an Account user violates any part of the Terms of Use, we may, in our sole discretion, immediately suspend or terminate such Account or any activity related to such Account without notice.USER CONTENT
You may be able to post or send messages, text, graphics, photos, videos, music, code, data, or other materials ("User Content") to the Service and the Website's discussion forums, chat rooms, or other areas. By posting or sending such User Content, you represent and warrant that (i) you have the right to use, distribute, and/or reproduce all materials contained therein, (ii) the User Content is accurate, and (iii) the User Content does not violate the license conditions or any other provisions in the Terms of Use and will not violate any rights of or cause injury to any person or entity. CHANGYOU may, but are not obligated to, monitor all such communications and postings, including those that are designated as “private.” You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring. In consideration of your use of the Website and the Service, you hereby assign and transfer to CHANGYOU all rights, title and interest, including intellectual property rights, in and to the User Content.OWNERSHIP OF INTELLECTUAL PROPERTY
CHANGYOU is the owner of all rights and title in and to the Website, the Games, the Service, and all features and content thereof including without limitation software, computer code, data, files, patches, updates, user accounts, characters, stories, chat transmissions, objects, dialogues, artworks, designs, graphics, sounds, and musical compositions (collectively, "Intellectual Property"), which are protected by the copyright laws and other proprietary rights laws of the U.S. and any other applicable jurisdictions. Except as expressly permitted in the Terms of Use or by CHANGYOU, you shall not create modifications or derivative works of any kind to the Intellectual Property (the "Derivative Works") using any third-party software, applications, emulators or tools. Any Derivative Works and all rights therein shall belong to CHANGYOU. In consideration of your use of the Website, the Games, and the Service, you hereby assign and transfer to CHANGYOU any and all rights you may have in such Derivative Works. Notwithstanding the foregoing, you covenant that you shall be solely responsible for such Derivative Works, including any fees, royalties, and/or damages resulting from any infringement of the rights of any third party. Nothing in the Terms of Use, including the "License Grant and Conditions" provisions below, shall be construed as conferring any license to or rights in CHANGYOU's Intellectual Property except as expressly stated in the Terms of Use.LICENSE GRANT AND CONDITIONS
Subject to the Terms of Use, CHANGYOU grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website, the Service, and the Intellectual Property, solely for your noncommercial and personal gaming purposes, and for no other purposes. This license may be revoked by us at any time with or without cause. Unless otherwise expressly permitted in the Terms of Use or on the Website, the license granted will be immediately terminated by CHANGYOU if you:
• Distribute, or publicly perform or display any content containing Intellectual Property, except when playing Games in the ordinary course;
• Modify, alter, or otherwise make derivative uses of any materials containing Intellectual Property;
• Use any data mining, robots or similar methods or devices in your use or access of the Service;
• Download any portion of any materials containing Intellectual Property;
• Reverse engineer any materials containing Intellectual Property, or otherwise attempt to derive source code from any software associated with the Games or the Service;
• Use the Website, the Games, and the Service or the Intellectual Property for anything other than their intended purpose.
• Interrupting the Service or any servers and networks associated with the Service, or impeding the normal flow and function of game playing;
• Impersonating or falsely representing your affiliation with any suspended user or any other person, any CHANGYOU officials, administrators, employees or agents;
• Uploading, posting, or transmitting materials that contain unlawful, libelous, defamatory, obscene, sexually-explicit, indecent, or lewd content;
• Uploading, posting, or transmitting materials that contain viruses, corrupted files, advertisement, promotions, junk mail, spam, chain letters, or any form of solicitation;
• Uploading, posting, or transmitting materials that are harassing or threatening other users, or otherwise use vulgar, inflammatory, abusive language;
• Uploading, posting, or transmitting materials that may infringe any trademark, copyright, trade secret, patent, or other intellectual property rights, privacy rights, or publicity rights of any party;
• Collecting or distributing any personal contact, biographical, or financial information about, or personal communications with, other users;
• Engaging in any illegal activity or any action in violation of the Terms of Use;
• Cheating or exploiting design errors to gain unfair advantage over other users (including without limitation stealing or otherwise unfairly obtaining game items and/or tokens);
• Discussing disciplinary actions taken against you or other users; or
• Otherwise impeding the enjoyment of the Website and the Service by other users.
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.CHARGES AND CHARGEBACKS
The Games are free to play. You do not need to pay any license fee and/or service fee to play the Games. To access certain extra game features or to acquire the right to use certain items in the Games, you may need to purchase game tokens or prepaid game cards which are redeemable for tokens. The tokens or prepaid game cards purchased and any applicable fees and charges are payable in advance through third-party online payment, telephone payment, or pre-paid card service providers shown on the Website or, with respect to physical prepaid game cards, other third-party retailers (each a "Third Party Payment Service").. You may also receive, as a gift, prepaid game cards purchased by a third party. All terms and conditions on the Website and/or Service applicable to the purchase of such tokens or prepaid game cards, as amended from time to time, are hereby expressly incorporated into the Terms of Use by reference. You hereby agree to all such terms and conditions relating to the purchase of tokens or prepaid game cards or the right to use the game items, including without limitation fees, methods of purchase, daily token-purchase limits, and minimum status required to trigger token-purchase capability. You acknowledge and agree that you are purchasing the right to use the game items only, and all other rights of ownership associated with the game items remain with CHANGYOU. You further acknowledge and agree that we have the right to remove without warning your tokens or right to use the game items that, in our sole determination, have been unfairly obtained by you.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.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. You acknowledge and agree that CHANGYOU shall not be liable for any such interruptions, or any other delay or failure to perform due to any reasons. You further acknowledge and agree that, unless CHANGYOU affirmatively eliminates a material feature of the Service without notice, CHANGYOU has no obligation to refund any tokens or credits affected by such interruptions. You also acknowledge and agree that CHANGYOU is not responsible for any losses due to any suspension of service due to reasons outside our control.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.INDEMNIFICATION
You, at your sole expense, shall defend, indemnify and hold harmless CHANGYOU and its affiliates, directors, officers, employees, agents, and licensors, from and against any claims, actions, causes of action, liabilities, liens, damages, losses and costs (including, without limitation, the costs of litigation and attorneys' fees and any incidental and consequential damages) arising out of or related to your improper use of your Accounts or the Service, your misrepresentation of your age, any User Content and/or Derivative Works created by you and CHANGYOU's use thereof, your breach or violation of the Terms of Use, or your violation of the rights of any third party.LIABILITY DISCLAIMER
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
• 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.
Counter-Notice
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.
MISCELLANEOUS
The Terms of Use shall be construed in accordance with the substantive laws of the State of California without regard to any choice of law rules or principles. You hereby submit to the jurisdiction of the state and federal courts for the State of California, Santa Clara County, and said courts shall have exclusive jurisdiction and venue to adjudicate the rights and obligations of the parties relating in any manner to the Terms of Use. All situations not clearly covered by the Terms of Use will be subject to the relevant laws and regulations of the United States. If any provision of the Terms of Use is held by any court to be invalid or unenforceable, such provision shall be deemed to be modified or deleted, but only to the extent necessary to enable that provision, and the remaining provisions of the Terms of Use, to be valid and enforceable. Any of our failure to act with respect to your breach does not waive our right to act with respect to any other breaches. You may not assign any rights or obligations under the Terms of Use without prior written consent of an authorized representative of CHANGYOU, and any attempt to the contrary is void.Last Updated on May 28, 2010
PRIVACY POLICY
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.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.Use of Cookies
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.Monitoring
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:Children
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.Contact Information
Please contact us at [email address: service@us.changyou.com] if you have any questions or comments regarding this Privacy Policy.Last Updated on June 25, 2009.
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