About these Terms
In these Terms of Service, the term “you” refers to you the customer and the terms “Aion”, “we”, “us” and “our” refer to Aion Entertainment Ltd, a UK company (business ID SC651424), C/O Ascot Drummond, River Court, 5 West Victoria Dock Road, Dundee, Scotland, DD1 3JT .
To access the Service you must be of age 13 or older. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site (“SNS”), such as Facebook, you shall comply with its terms of service/use as well as these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Right to Use the Services
Subject to these TOS, Aion hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.
Except as previously set forth, you do not receive any other license. Aion retains all right, including, but not limited to, all copyrights, trademarks, proprietary rights, titles, computer codes, audiovisual effects, characters, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without Aion’s prior written consent. Aion reserves all rights not expressly granted to you herein.
The Services and its contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service, including, but not limited to, the Virtual Items or currency appearing in or originating from the Services, whether earned in the Services or purchased from Aion or third parties.
Aion owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Aion Entertainment Ltd games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Aion game, whether earned in a game or purchased from Aion, or any other attributes stored on the Service.
Accessing and using our Services
The specific game, scoring and controls rules and guidelines for each Game are part of the Game itself. Such rules and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.
You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
Aion reserves the right to modify the Game’s rules and game settings without the need for prior consent or notification.
Purchases and virtual goods
Our Games may include virtual currencies such as coins, gold or others (“Virtual Money”), items or services for use with our Games (“Virtual Goods”) or paid subscriptions for Virtual Money and/or Virtual Goods (“Subscriptions”). You agree that once purchased Virtual Money, Virtual Goods and/or Subscriptions, they are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use. You do not own Virtual Goods, Virtual Money and/or Subscriptions but instead you purchase a limited personal revocable licence to use them and any balance of Virtual Goods and/or Virtual Money does not reflect any stored value.
You agree that Virtual Money, Virtual Goods and/or Subscriptions are not transferable to anyone else and you will not transfer or attempt to transfer any Virtual Money, Virtual Goods and/or Subscriptions to anyone else. They have no monetary value and neither Aion nor any other person or entity has any obligation to exchange them for real money, real goods or real services.
Aion may manage, control, modify or eliminate them at any time, with or without notice. Price and availability of Virtual Items are subject to change without notice. Aion is not liable for hacking or loss of your Virtual Items.
You agree that all purchases and redemptions of Virtual Items made through the Services are final and non-refundable, that we will not refund any transaction once it has been made and that an active Subscription cannot be cancelled during the Subscription period. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a licence to use Virtual Goods or Virtual Money from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. You acknowledge and consent that the provision of Virtual Items for use in the Services is a process that commences immediately upon purchase and that you forfeit your right of cancelation once the process has commenced. Accordingly, you agree that Aion is not required to provide a refund for Virtual Items for any reason. You further acknowledge that you will not receive money or other compensation for unused Virtual Items, regardless of whether your loss of license under these TOS was voluntary or involuntary.
If you remove the Service or you are registered with an account and ask for your personal data to be deleted as described in Aion’s Privacy Notice, you will permanently forfeit all of your Virtual Items without the right to refund, as Aion will no longer be able associate such Virtual Items with you.
The Virtual Goods are available on your device only while the Service is provided and they cannot be restored or redeemed if the Device or the Service are lost or damaged. The data associated with Virtual Goods, whether purchased by you using Virtual Money or otherwise credited or awarded to you, is stored locally on your device. Accordingly, any risk of loss of this data is transferred to you for Virtual Goods and/or in any other cases, (including Subscriptions).
Depending on your platform, any Virtual Goods, Virtual Money or Subscriptions purchased is purchased from your platform provider and such purchase will be subject to its terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
We do not pre-screen or monitor Third Party Content prior to it being communicated between users of the Services, submitted as part of a game available through our Services or posted onto our websites. You acknowledge and agree that we cannot be held responsible or liable for Third Party Content and if you find any Third Party Content communicated to you through game play, chat posts or messaging to be offensive or inappropriate, your sole remedy is to cease playing the game with that particular user. We may, at our sole discretion, choose to monitor your use of the Services (including any messages you post to our chat room or forum) and the Third Party Content you submit or upload to the Services.
We reserve the right (but have no obligation) to remove any Third Party Content from our websites for any reason at our absolute discretion including without limitation where we believe that such material is not acceptable or where we believe such material may breach third party intellectual property rights. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY EXCLUDE ANY AND ALL LIABILITY FOR THIRD PARTY CONTENT OR FOR ANY DELAY OR FAILURE TO REMOVE ANY THIRD PARTY CONTENT FROM OUR SERVICES.
Aion reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. Aion nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
Code of conduct
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Aion may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Aion violates these Terms of Service.
You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
You agree not to upload, communicate, transmit or otherwise make available any Content that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable; that is or could reasonably be viewed as invasive of another’s privacy; that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred; which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information); which infringes any intellectual property right or other proprietary right of others; which consists of any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; or which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You agree that you will not, under any circumstances:
- Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Services.
- Interfere with or disrupt our Services or servers or networks that provide our Services.
- Disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing our Games or engaging in real time exchanges.
- Use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms.
- Use the Services in violation of any applicable law or regulation.
- Use our Services to harm anyone or to cause offence to or harass any person.
- Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously offensive or otherwise objectionable.
- Use another person or entity’s email address to access our Services.
- Disguise, anonymise or hide your IP address or the source of any Content that you may upload.
- Use the Services for fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services.
- Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services.
- Post anyone’s private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Services.
- Use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services).
- Use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications.
- Sell, transfer or try to sell or transfer an account with us or any part of an account, Virtual Money and/or Virtual Goods.
- Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, an Aion Entertainment Ltd employee, director or officer.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Aion Entertainment Ltd employees, directors, officers, and customer service representatives.
- Attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technology or security measures or data transmitted, processed or stored by us; ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms).
- Remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services.
- Harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through the use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.
- Attempt to gain unauthorised access to the Services, to accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Aion, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Services.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.
- Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users’ experience when using the Services.
- Engage in any act that Aion Entertainment Ltd deems to conflict with the spirit or intent of the Services or make improper use of Aion’s support services.
- Use our Services in any other way not permitted by these terms.
Playing with other users
Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to choose to play against another user or to play socially with another user whom Aion selects for you, or play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with. Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again. Where the Game selects another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity). By accessing and/or playing our Games you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our games or within our marketing. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publicly, and not your email address; another user must already know your email address themselves in order to search for you.
We do not guarantee that any of our Services will be available or error-free at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services at our sole discretion without notice, including for example, ceasing a Game or other Service for economic reasons due to a limited number of users continuing to make use of that Game or other Service over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the Services then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period.
Limitation of Liability
We are not responsible for losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss; any damage that may be caused to any device on which you access or use any of our Games or other Services that is caused in any way by our Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Games or other Services; any increase in loss or damage resulting from breach by you of any of these terms and conditions; or technical failures or the lack of availability of any of our Services where these are not within our reasonable control.
WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE GAMES OR ANY OF OUR OTHER SERVICES, INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENSE TO USE VIRTUAL GOODS OR VIRTUAL MONEY OR ANY OTHER PART OF OUR GAMES OR SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
Breach of these Terms
Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:
- delete, suspend and/or modify your account or parts of your account;
- otherwise suspend and/or terminate your access to our Services;
- modify and/or remove any Virtual Money or Virtual Goods that may be associated with your account;
- reset and/or modify any game progression or benefits and privileges associated with your account, such as any level or score you have reached in our Games.
You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.