Rules of Conduct
Thanks for using our products and services (“Services”). The Services are provided by Warfare, Inc. ("Warfare").
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services offers to allow you to play its Internet-based 3D MMORPG "" conditioned on your acceptance of all the terms and conditions contained in template agreement.
Amendmentstemplate document (the "agreement") comprises the entire agreement between Warfare and the user, and supersedes any prior agreements between the these two parties with respect to the subject matter hereof. It does not supersede any additional terms and conditions in which user is notified by Warfare and/or which may apply when using third party content or services. Warfare may amend or revise template agreement at any time and at its sole discretion, and such amendment or revision shall be effective upon posting of the revised agreement on the Warfare Website (the "Website"). User hereby agrees to review template agreement by accessing the Website periodically to become aware of any such revisions. If any revision is unacceptable to the user, he or she may terminate the agreement. Continued use of the services following the posting of the revised agreement shall be deemed to be acceptance of all such revisions.
- "Intellectual property" shall mean all patents, designs, utility models, copyrights, know-how, trade secrets, trademarks, service mark, trade dress, and any other intellectual property rights in or related to the game or its technical information.
- "Technical information" shall mean the software, know-how, data, test result, layout, artwork, processes, scripts, and concepts on or in relation to the game and the installation, operation, maintenance, service, and its use.
- "User account" shall mean the game information and personal information, including the user's ID, that are managed in order to use the Warfare service.
- "ID" shall mean a combination of letters and numbers that users create in order to use the service and which Warfare authorizes to differentiate users.
- "Password" shall mean a combination of letters and numbers that a user creates in order to verify him/herself and protect his/her rights.
- "Game character (character) shall mean game information that the user selects, creates and/or modifies, and controls in the game.
Description of ServicesWarfare as an online fantasy role-playing game (the "service") through the Internet at "www.Warfare " (the "Website"). Warfare reserves the right to change the URL address of the Website at any time and from time to time. To use the service, you need to install a software, which Warfare makes available at the Website (the "software"). Anyone desiring to use the service is required to establish an account with Warfare (the "account"). Warfare does not provide Internet access, and you are responsible for all fees associated with your Internet connection. The Website located at www.Warfare is an active part of the service and any use of it is governed by the same terms of agreement.
User Registration Obligations and SecurityIn order to use the service, you are required to complete a registration form containing your first and last name, nationality, address, e-mail address, a username, and a password. In consideration of the use of the service, you agree to provide true, accurate, current, and complete information about yourself as submitted in any registration form on the service and to maintain up-to-date information, which is true, accurate, current, and complete at all times, by making changes, additions, or deletions to your user profile as required. If any information is proven to be false or inaccurate, or if Warfare has reasonable grounds to suspect that the information is such, then it shall have the right to suspend or terminate access and refuse to provide any current or future service.
You acknowledge that Warfare reserves the right to refuse to grant you a username that is already in use, may be illegal, may be protected by trademark or other proprietary interest, is obscene or profane or otherwise determined by Warfare , in its sole discretion, to be inappropriate. You agree to be responsible for all acts and omissions that occur in connection with your password. You agree to keep your password confidential and to notify Warfare if you believe that the security of your password has been compromised. You acknowledge that Warfare does not protect you from the unauthorized use of your password.
- Eligibility - Accounts are available only to individuals 13 years of age or older. If you are less than 13 years of age and wish to use the service, your parent(s) or guardian(s) must complete the registration process, open an account in their name(s), and accept full responsibility for all obligations under template agreement. Those who have completed these steps and who maintain their account in good standing are sometimes referred to in template agreement as "members." Only one person may use an account. The registered user may use it or may choose instead to permit a minor to use the account. You are liable for all activities conducted through your account, and parents or guardians are liable for all activities of their minor children conducted through the account.
- Account ID - At the time your account is opened, you must choose a name to identify yourself to Warfare staff (your "account ID"). You may not select as your account ID the name of another person; or a name which violates any third party's trademark right, copyright, or other proprietary right; or which Warfare deems in its discretion to be vulgar or otherwise offensive. Warfare reserves the right to delete or to change any vulgar or otherwise offensive account ID. You have sole liability for all activities conducted through your account.
- Passwords - You are responsible for maintaining the confidentiality of your password. Any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your account is your responsibility. Never respond to an online request for a password. Warfare will never ask for your password offline or online except when you are required to enter your password as part of the log-on process.
- Character - In order to use any part of the service, you must create at least one character and choose a name to identify it (your "character name"). You may not select as your character name 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 members to believe you to be an employee of Warfare ; or which Warfare deems at its sole discretion to be vulgar or otherwise offensive. Warfare reserves the right to delete or alter any vulgar or offensive character name.
- Guild Name - When you access Warfare and reach a certain level in either game, you may form a guild with other players in the game(s). You are not allowed to select as your guild name 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 members to believe you to be an employee of Warfare ; or which Warfare deems at its sole discretion to be vulgar or otherwise offensive.
- Ownership - The account that the player uses to access the service; the character you select, create, and/or modify; and any and all items that Warfare stores in the server and other data that the server or account may have are not the property of the user. These are considered the property of Warfare .
- Former Members - Members whose accounts have been terminated by Warfare may not access the service in any manner or for any reason, including through any other account, without the express written permission of Warfare .
- Related Accounts - If Warfare terminates an account, it may also terminate any other accounts that share the same member name, phone number, e-mail address, postal address, Internet protocol address, or credit card number.
IndemnificationYou agree to indemnify, defend, and hold harmless Warfare and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, service provider customers, and clients and contractors from and against any loss, claim, demand, cost, and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the service, your content, your violation of the terms of agreement, or your violation of any rights of another user. Warfare reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
TerminationEither you or Warfare may terminate your account at any time without further obligation to the other. Further, Warfare reserves the right to terminate the service at any time without further obligation to you. If the service or your account is terminated or cancelled at any time for any reason, you agree to the following: (1) you will lose any characters selected, created, modified, and/or developed, or items accumulated, and you will not have the right to transfer, sell, or assign any character or item to anyone else; (2) if termination is due to your breach of template agreement, you may not access the service in any manner or for any reason, including via any other account. In the event that an account is terminated, Warfare may terminate any and all other accounts that share the member name, phone number, e-mail address, Internet protocol address, or credit card number with the terminated account; (3) we may terminate template agreement (including your account) immediately and without notice in instance of breach from your end, or willfully infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of either Warfare as described in section 14. If we terminate template agreement under any circumstances, you will lose access to your account for the balance of any prepaid period without any refund.
Parental GuidanceParents may find Warfare games inappropriate for use by persons under the age of 13. While Warfare may choose to monitor and take action upon inappropriate game play, chat, or links to the service, it is possible that at any time there may be language or other material accessible on or through the service that may be inappropriate for children or offensive to some users of any age. Warfare cannot ensure that other players will not provide content or access to content that parents or guardians may find inappropriate or that any user may find objectionable. Warfare does not as a matter of policy prescreen the content of the materials or communications transmitted by each player.
Limitation of LiabilityUSER ACKNOWLEDGES THAT MOBIUS SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY MOBIUS OR ITS CONTENT PROVIDERS OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION, OR CONTENT OF THE SERVICES. MOBIUS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH THE SERVICES OR ANY PRODUCT PROVIDED BY MOBIUS. MOBIUS'S ENTIRE LIABILITY AND THE USER'S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES AND ALL CONTENTS AND SOFTWARE DEVELOPED BY OR FOR MOBIUS SERVICES, WHICH ARE FOUND TO BE DEFECTIVE USING MEDIA CHOSEN BY MOBIUS SERVICES, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE THAT PAID BY USER FOR THE DEFECTIVE SERVICE LESS THE AMOUNT EQUAL TO THE VALUE OF THE SERVICE FOR THE TIME THAT IT OPERATED PROPERLY. MOBIUS'S LIABILITY TO THE USER FOR ANY AND ALL BREACHES OF template AGREEMENT IS LIMITED SOLELY TO THE TOTAL CUMULATIVE AMOUNT PAID TO ACCESS AND USE THE SERVICES.
You agree that Warfare cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to either the Warfare services.
PrivacyThe personal information you provide us during registration is used for our internal purposes only. We use the information we collect to learn what you like and to improve the service. Except as otherwise expressly permitted by template Agreement or as otherwise authorized by you, we will not give any of your personal information to any third party without your express approval. We do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. We can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies, or government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. If you request any technical support, you consent to our remote accessing and review of the computer you load the software on to for purposes of support and debugging. You agree that we may communicate with you via e-mail and any similar technology for any purpose relating to the service, the software, and any other services or software which may in the future be provided by us or on our behalf.
Disclaimer of WarrantiesYOU EXPRESSLY AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. MOBIUS AND ALL SERVICE PROVIDER CUSTOMERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS. MOBIUS AND ALL SERVICE PROVIDER CUSTOMERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. MOBIUS AND ALL SERVICE PROVIDER CUSTOMERS DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE OR ACCURATE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. MOBIUS MAKES NO WARRANTY THAT DEFECTS IN ITS SOFTWARE WILL BE CORRECTED OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY OF THE MATERIAL AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOBIUS OR ANY SERVICE PROVIDER CUSTOMER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF AGREEMENT.
Interruption of Service
- Warfare reserves the right to interrupt the service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.
- You acknowledge that the service may be interrupted for reasons beyond the control of Warfare , and Warfare cannot guarantee that you will be able to access the service or your account whenever you may wish to do so. Warfare shall not be liable for any interruption of the service, delay, or failure to perform resulting from any causes beyond its reasonable control.
- While using the services, user may not engage in any conduct or communication which is unlawful or which restricts or inhibits any other user from using or enjoying the services. Player agrees to use the services only for lawful purposes. Warfare reserves the right to terminate the user's usage if it determines, in its sole discretion, that the user has engaged in unacceptable conduct. The list of prohibited conduct set forth in subsection 2 below provides examples of unacceptable conduct. template list is not exhaustive, and Warfare reserves the right, but not the responsibility, to restrict conduct which it deems, in its sole discretion, to be harmful to individual users, damaging to the services, or in violation of the company's or any third party's rights. Warfare may prohibit or delete conduct, communication, or content transmitted on its services that is deemed to be in violation of applicable laws or is harmful to other users, the Warfare service community, or the rights of Warfare in general. User acknowledges, however, that communication over the services often occurs in real time and Warfare cannot, and does not intend to, screen communication in advance.
YOU MAY NOT USE THE SERVICES TO DO THE FOLLOWING :
- Harass, threaten or embarrass another user of the services or to cause distress, unwanted attention, or discomfort of such user or any other person or entity. Warfare does not condone harassment in any form and may suspend or terminate the account of any user who harasses others. Personal attacks, such as those based on a person's race, national origin, ethnicity, religion, gender, lifestyle choice, disablement, or other such affiliation, are strictly prohibited.
- Post or transmit sexually explicit images, or point or refer to such images. Warfare prohibits the transfer or posting of sexually explicit images or other content deemed offensive.
- Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content. If user engages in vulgar or abusive language online even if masked by symbols or other characters or engages in other impermissible behavior, he or she may receive a warning or be temporarily or permanently excluded from one or more games, bulletin boards and chat areas. His or her usage may be terminated immediately and her or she may be subject to civil liability and/or prosecution by law enforcement authorities.
- Scroll or carry out any action with a similar disruptive effect. "Scrolling" is defined as repeatedly causing the screen to roll faster than users are able to type onto it.
- Impersonate any person, including, but not limited to, Warfare 's employees, monitors, or hosts. User shall not hold himself or herself out or portray himself or herself as a Warfare staff, user, or employee while engaging in all forms of online communication, including, but not limited to, usernames, user profiles, voice, text, or graphic chat, message postings, or any form of communication online. Impersonation of Warfare staff shall be grounds for immediate account termination.
- Engage in "disruptive behavior" in chat areas, game areas, bulletin boards, or any other area of the services. Disruptive behavior shall be deemed to include, but will not be limited to, conduct which purposefully interferes with the normal flow of dialogue in a service area. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations, and advertisements.
- Post or transmit chain letters or pyramid marketing schemes. template type of material places an unnecessary load on the services and is considered a nuisance by many users. Certain types of chain letters and pyramid schemes are also illegal. Such prohibited conduct includes, but is not limited to, the transmission of letters or messages which offer a product or service and which are based on the structure of a chain letter.
- Posting or transmitting unsolicited advertising, promotional materials, or other forms of solicitation. Warfare services are not used to transmit these materials. User may not use the services to collect or "harvest" usernames without the express permission of those users. Warfare reserves the right to block and/or filter mass e-mail solicitations on or through the service.
- Violate any operating rule, policy, or guideline of any other online service. User further agrees to abide by the rules of the user's Internet service provider.
- Violate, intentionally or unintentionally, any applicable local, state, national, or international law or regulation.
- Modify any files that Warfare does not specifically authorize user to modify. Use of material, which is subject to the rights of any person or entity without the express permission of such rights holder, is prohibited, and will result in the termination of the user's usage and possible civil and/or criminal liability.
- Posting to many bulletin boards at once and/or sending multiple unsolicited e-mails to a single address, sometimes referred to as "spamming," is prohibited. Warfare may take action on a user's account if any of the following offenses is reported: (a) posting a similar or identical message to more than five bulletin boards; (b) sending unsolicited mail to more than 30 people; or (c) sending more than two unsolicited e-mails to a single e-mail address. Repeated spamming will result in account termination. In certain situations, the overall pattern of behavior on an account or a set of linked accounts may be determined to be disruptive or abusive, even if no one single act clearly violates any specific policy. In such cases, Warfare reserves the right to determine what patterns of behavior are defined as "high-maintenance" or "disruptive" and may take action against the account(s), ranging from a simple request to moderate the high-maintenance behavior to total lockout of all linked accounts.
- Post any material on the Website that will infringe any copyright, trademark, and any other intellectual property right(s) of any third person(s).
GeneralThe failure of Warfare or the service provider customer to exercise its rights or insist upon the performance of the user's obligation hereunder shall not constitute a waiver or relinquishment of those or any other rights under these terms of agreement.
If any provision of template agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of the terms of agreement shall continue to be binding and remain in full force and effect.
The terms of agreement and the relationship between you, Warfare , and/or the service provider customer shall be governed by and construed in accordance with the laws of the Republic of the Philippines , and such parties agree to submit to the jurisdiction of such courts.
You agree that regardless of any statute or law to the contrary, any action, suit, or proceeding arising out of or related to the use of the service or to the terms of agreement must be commenced within one year after such claim or cause of action arose or be forever barred.
Section titles in the terms of agreement are for convenience only and have no legal or contractual effect or significance.
It is the express wish of Warfare that the terms of agreement and all related documents be drawn up in English.
ViolationsPlease report any violations of the terms of agreement to our compliance department by e-mail at the CONTACT FORM.