Effective as of August 1, 2015
YOUR USE OF THE WINTERLIGHT WEBSITE (INCLUDING ANY RELATED SUBSITE, SERVICE OR FEATURE THERETO) (THE “SITE”) CONSTITUTES YOUR AGREEMENT TO THESE TERMS, CONDITIONS, COVENANTS, POLICIES AND NOTICES (THE “TERMS”). IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST MAKE SURE THAT YOUR PARENT OR GUARDIAN ACCEPTS THIS AGREEMENT ON YOUR BEHALF PRIOR TO YOUR USE OF THE SITE. PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THIS SITE.
Winterlight Pty. Ltd.. (“Winterlight”) provides certain content, online games (each a “Game”), and/or services through the Site, which are either publicly accessible or which require registration of or log in to a free account with Winterlight (an “Account”). Each Game includes two components: (a) the software program along with any accompanying materials or documentation, including a Game authorization code (collectively, the “Game Client”), and (b) Winterlight’s online platform service (the “Service”). Some Games may offer the option to purchase in-game currency (“Virtual Currency”), a license for in-game digital items (“Virtual Goods”) (collectively, “Virtual Items”) with “real world” money and/or other Game-specific content (“Premium Content” as defined in the applicable Game’s End User License Agreement (the “EULA”)).
Any use, reproduction, modification or distribution of the Site, a Game (including any Game-related Virtual Items), Game Client or the Service not expressly authorized by the terms of the Agreements is expressly prohibited.
Subject to your agreement to and continuing compliance with the Agreements, you may use the Site, Game(s) (including Game-related Virtual Items, if any) and/or the Service solely for your own non-commercial entertainment purposes by access through a web browser or an authorized, unmodified Game Client or mobile app. You may not use the Site, Account, Game(s) (including Game-related Virtual Items, if any), Game Client(s) or Service for any other purpose, or using any other method.
The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the “License Limitations”). Any use of the Service, Game(s) (including Game-related Virtual Items which may be offered in connection with such Game(s) to the extent applicable), Game Client(s) and/or Service in violation of the License Limitations or the Agreements will be regarded as an infringement of Winterlight’s rights. You agree that you will not, under any circumstances:
In order to create an Account, you must provide Winterlight with certain personal information such as your (i) e-mail address; (ii) password; (iii) in certain circumstances, secret question and answer. You also have the option to select a publicly viewable ‘display name’ to be used when participating in posting content in designated forums. When choosing your display name, DO NOT use personal information (for example, your full name, surname or e-mail address) which could be used to identify who you are.
You agree that you will supply truthful, accurate and complete information to Winterlight, and that you will update such information promptly in the event that it changes. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, Winterlight reserves the right to terminate this Agreement, your Account(s), and/or your use of the Game(s), Game Client(s) and/or Service.
You may not transfer, share or make available (except, as set forth above, to your minor child) your Account information to others. Any distribution by you of Account information may result in suspension, termination or cancellation of your access to the Site, a Game or the Service without refund (including any charges whether or not authorized by you).
You are responsible for maintaining the confidentiality of your Account and for all activities which occur through the use of your Account, including purchases, whether or not authorized by you. You agree to: (i) immediately notify Winterlight of any unauthorized use of your Account or any other breach of security; and (ii) ensure that you secure your Account and computer from third party access. Winterlight will not be liable for any loss or damage arising from your failure to comply with this Section. You may be issued a new password or be required to change your password from time to time.
We have implemented physical, electronic and managerial procedures in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions on or through the Internet and personal information stored on our Servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via e-mail are not protected by encryption and are vulnerable to interception during transmission.
Winterlight owns, has licensed, or otherwise has rights to all of the content that appears on the Site, in the Game (including Game-related Virtual Items, if any) and Game Client(s), and through the Service. You agree that you have no right or title in or to any such content, including without limitation any other attributes associated with any Account or stored on the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON THE WINTERLIGHT PLATFORM OR SERVERS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF WINTERLIGHT.
The Site is intended for a general audience and is not directed or targeted at children under the age of thirteen (13) or twelve (12) years old, in the United States or Europe respectively. Winterlight does not intentionally collect personal information from children of such age.
Winterlight does not, and cannot, pre-screen or monitor all User Content. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. We do not assume responsibility or liability for User Content that is generated by users. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or remove any User Content. WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of the Agreements; (c) to protect Winterlight’s legal rights and remedies; (d) if we, in our reasonable discretion, believe that someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.
Your use of a Game is governed by certain rules. These rules (the “Code of Conduct”), maintained and enforced exclusively by Winterlight, must be adhered to by all players. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and Winterlight reserves the right to determine which conduct it considers to be outside the spirit of the Game and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. Winterlight reserves the right to modify this Code of Conduct at any time.
Each user will select a username. Additionally, users may form groups such as “leagues,” “factions,” or “clans” and such groups will be required to choose a name for the group. When you choose a character name, create a group, or otherwise create a label that can be seen by other players using the Game or the Service, you must abide by the following guidelines as well as the rules of common decency. If Winterlight finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label, and/or suspend or terminate your use of the Game and/or Service. In particular, you may not use any name:
You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a “first” and “last” name that, when combined, violate the above name restrictions. Utilizing any name option to harass or disrupt another individual, group or guild will result in disciplinary action taken with respect to the offending account(s) and may result in character deletion. Accounts which have characters deleted due to a violation of this policy are not eligible for reimbursement privileges.
Communicating on the Site, in a Game or through the Service with other users and Winterlight representatives, whether by text, voice or any other method, (collectively, “Chat”) is an integral part of the Game and the Service.
You understand that, by using the Chat features, you may be exposed to communications (including in written, verbal, electronic, digital, machine-readable or other form) that you might find objectionable. You understand that any content sent or appearing through a Chat feature is the sole responsibility of the individual(s) transmitting such content. This means that you, and not Winterlight, are entirely responsible for all content that you transmit. Under no circumstances will Winterlight or its third party providers be liable for any errors or omissions in any content or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, listening, use of or inability to use any content, including User Content.
When engaging in Chat, you may not:
The Site and the Service, including any Chat features, may provide, and users may include in messages, links to other web sites or resources. Winterlight and its third party providers are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Winterlight and its third party providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, inability to use or reliance on any such content, goods or services available on such external sites or resources.
Winterlight grants permission to upload and monetize videos of gameplay.
You understand that online games, and system specifications necessary to play such games, may continuously evolve over time. Accordingly, Winterlight reserves the right to modify and/or increase the system specifications necessary to play any Game at any time and without notice. In such case, you and not Winterlight shall be responsible for purchasing any necessary additional software and/or hardware in order to access and play such Game(s).
Winterlight may require that you download and install updates to the Service and to the Game(s) you have installed on your computer. You acknowledge and agree that Winterlight may update the Game(s), Game Client(s), and Service on your computer or mobile app, with or without notifying you.
This Agreement is effective until terminated. You may terminate this Agreement by discontinuing your use of the Site, deleting the Game Client and affirmatively cancelling all accounts, features or services to which you are subscribed. You will continue to incur and be responsible for any recurring subscription fees associated with any Game, feature (such as Game-related Virtual Items to the extent applicable) or service until you have affirmatively terminated each such Game account, feature or service in accordance with all applicable terms and end user license agreement(s). Winterlight may terminate this Agreement, and/or temporarily or permanently suspend your access to your Account, a Game, the Site and/or Service, effective immediately, with or without notice, in the event of any conduct by you which Winterlight , in its sole discretion, considers to be unacceptable or a violation of its Terms.
THE SITE, EACH GAME (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY) AND THE SERVICE ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WINTERLIGHT DOES NOT WARRANT THAT THE SITE, YOUR ACCOUNT, A GAME (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY) OR THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, A GAME (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), A GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WINTERLIGHT IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SITE, ACCOUNT, GAME(S) (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), GAME CLIENT(S) OR THE SERVICE OR YOUR INABILITY TO USE THE SITE, ACCOUNT, GAME(S) (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), GAME CLIENT(S) OR SERVICE. IN NO EVENT SHALL WINTERLIGHT, ITS SUBSIDIARIES, LICENSORS, AFFILIATES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SITE, IN A GAME OR THROUGH THE SERVICE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (THE “WINTERLIGHT PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE SITE, YOUR ACCOUNT, A GAME (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), A GAME CLIENT OR THE SERVICE.
WINTERLIGHT DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, OR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THE SITE OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CHAT FEATURES, BY ANYONE OTHER THAN AUTHORIZED WINTERLIGHT EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL THE WINTERLIGHT PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ALL CHAT FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION OR ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION, ALL CHAT FEATURES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
NEITHER WINTERLIGHT NOR ANY WINTERLIGHT THIRD PARTY PROVIDER ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SITE, YOUR ACCOUNT, A GAME (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), A GAME CLIENT OR THE SERVICE AND NEITHER WINTERLIGHT NOR ANY THIRD PARTY PROVIDERS WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTIONS BETWEEN YOU AND THIRD PARTY PROVIDERS OR PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH WINTERLIGHT IS TO STOP USING THE SITE, YOUR ACCOUNT, GAME(S) (INCLUDING GAME-RELATED VIRTUAL ITEMS, IF ANY), GAME CLIENT(S) AND SERVICE, AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU.
In no event shall Winterlight’s aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Winterlight during the six (6) months immediately prior to the time such claim arose. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Winterlight and its affiliates shall be limited to the fullest extent permitted by law. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WINTERLIGHT, ITS LICENSORS, AND ITS AND THEIR SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS, FINES OR PENALTIES IMPOSED BY A COURT OF COMPETENT JURISDICTION OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) ASSERTED BY ANY THIRD-PARTY RESULTING FROM OR ARISING OUT OF YOUR USE OF, OR ANY ACT OF FRAUD OR DISHONESTY BY YOU IN CONNECTION WITH, THE SITE, YOUR ACCOUNT, A GAME, A GAME CLIENT, VIRTUAL ITEM(S) AND/OR THE SERVICE OR ANY BREACH BY YOU OF THE AGREEMENTS OR ANY APPLICABLE LAWS, OR YOUR USE OR DISPLAY ON THE SITE OF ANY CONTENT GENERATED BY YOU.
Winterlight shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Winterlight, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Winterlight’s reasonable control such as acts of war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
In the event that you breach this Agreement, you hereby agree that Winterlight would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Winterlight shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Winterlight may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with Section 26, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.