MACHINE ZONE, INC.
CRYSTALBORNE: HEROES OF FATE
Last Updated: February 14, 2020
Table of Contents
- Limited License, Login Information and Your Account and Eligibility
- No Transfer of Accounts or In-Game Items
- Intellectual Property Rights in the Game
- Code of Conduct
- Your Interactions with Other Users
- User Content
- Information Collection and Use
- In-Game Items; Payments; Ownership
- Information about Subscriptions
- Termination and Suspension
- Agreement to Arbitrate; Class Action Waiver
- Applicable Law
- Third Party Promotions and Links
- Ownership; Trademarks and Copyrights
- Digital Millennium Copyright Act (“DMCA”) Notice
- Electronic Signatures
- Notice to California Users
- Contact Information
You acknowledge that you have downloaded the Game for free, and while there is additional content available for purchase within the Game (“In-App Purchases”), such In-App Purchases are entirely voluntary and not required to participate in or advance within the Game.
2. Limited License, Login Information and Your Account and Eligibility.
Limited License Grant
Login Information and Your Account
Within the Game, you may create an account with us by providing a username and/or email address and a password (“Login Information”). We may also allow you to create a Game account through third party social networks or services (such as Facebook) with whom you maintain an account (a “Third Party Service”).
You shall not share your account or your Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of your Login Information, and you will be solely responsible for all uses of your Login Information, including any purchases, loss of In-App Purchases or other in-Game items, or other changes to your account and/or Game status, whether or not authorized by you. MZ will not be responsible for anything that happens through or to your account and/or Game status as a result of you allowing any third party to access your Login Information and/or account.
MZ reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
There are limitations on who may download and play the game. You may not download or play the Game if you are under 13 years of age. If we learn that a user under 13 years of age is using the Game despite this restriction, we will immediately delete their account and all personal information we have related to their account.
4. No Transfer of Accounts or In-Game Items.
Your account is for your personal use only. You specifically agree not to: (1) share your account credentials with anyone else, (2) sell, offer to sell, rent, lease, trade or otherwise transfer your account, (3) sell, offer to sell, rent, lease, trade or otherwise transfer any game resources, in-game services like “speed-ups,” or other in-game items associated with your account (collectively, “In-Game Items”), except by using mechanisms within the Game that anticipate and specifically allow for the non-commercial transfer of In-Game Items, (4) buy, offer to buy, accept, access or use any other user’s account or In-Game Items, except by using mechanisms within the Game that anticipate and specifically allow for the non-commercial transfer of In-Game Items, (5) link to or otherwise endorse or identify any websites, organizations, or persons that sell, offer to sell, rent, lease, buy, offer to buy, accept, access, trade or otherwise transfer accounts or In-Game Items, and (6) create or permit to exist an interest or arrangement of any kind, which in substance secures the payment of money or performance of any obligation or gives a creditor priority over unsecured creditors, over any of your rights with respect to the Game, your Game account or In-Game Items.
5. Intellectual Property Rights in the Game.
If you provide us with any suggestions for enhancement or feedback regarding the Game or any of our other products or services, you agree that we will have a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use such suggestions and feedback, including by incorporating your suggestions or feedback in the Game, without any obligation to compensate you. To the extent permitted by applicable law, you waive any moral rights you may have in such suggestions and feedback (such as the right to be identified as the author).
6. Code of Conduct.
You agree to comply with the following requirements (our “Code of Conduct”) when you use the Game:
- You will comply with your obligations to third party mobile platform providers, such as Apple and Google, from whom you download the Game, including any terms regarding payment for In-App Purchases made through such platforms.
- You will not attempt to obtain Login Information or access another player’s account, collect or harvest personal information from other users.
- You will not exploit, distribute or publicly inform other users of any Game error, miscue or bug which provides for an unintended advantage or allows impersonation of another person, including by use of automated collection mechanisms such as clear graphics interchange formats (“gifs”), cookies, or similar technology.
- You will not exploit differences in pricing for In-App Purchases or In-Game Items (e.g., through arbitrage) by sending altered, deceptive, or false source-identifying information, including but not limited to, by use of a proxy or spoofed IP addresses or VPNs, or by requesting that someone else make In-App Purchases or purchase In-Game Items on your behalf in order to take advantage of a difference in pricing.
- You will not harass, threaten or bully any other player, nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, pornographic or illegal content, or content that infringes or violates the rights of someone else, or impersonate any other person.
- You will not use the Game for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation (such as chain letters, junk e-mail, “spam,” or other repetitive messages), or gathering or transferring In-Game Items for sale.
- You will only use the Game on your own behalf. You shall not use the Game or perform in-Game services for payment, such as leveling up or item collection services.
- You will not use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Game experience.
- You will not remove or obscure any proprietary notices within the Game.
- You will not to disrupt or attempt to disrupt the Game or any other person’s use or enjoyment of the Game.
- You will not attempt to gain unauthorized access to the Game, to accounts registered to others, or to networks from which portions of the Game are provided, including by circumventing or bypassing robot exclusion headers or security mechanisms for the Game.
- You will not use any service or software that accesses, intercepts, “mines,” or otherwise collects information from the Game or that is in transit from or to the Game.
- You will not make any automated use of the Game, or take any action that imposes an unreasonable burden on our infrastructure.
- You will not use any software, technology, or device to send content or messages, scrape, spider, or crawl the Game, or harvest or manipulate data from the Game.
- You will not override any security feature or restrictions on use of the Game that we may implement.
- You will not improperly use our support services, including by submitting false reports.
- Except where permitted by law or relevant open source licenses, you will not modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code for the Game.
- Except where permitted by law, you will not copy, modify or distribute content from the Game except as specifically authorized by us.
- You will not advocate, promote, encourage, or otherwise facilitate any illegal behavior, including but not limited to the use of illegal drugs, unlawful gambling or theft.
Failure to comply with this Code of Conduct may result in the suspension of your account, or any portion of your account, and/or subject you to any of the penalties identified in Section 12.
7. Your Interactions with Other Users.
You are solely responsible for your interactions with other players with whom you interact through the Game. MZ reserves the right, but has no obligation, to become involved in any way with any disputes concerning the Game. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including without limitation granting MZ access to any portion of your account.
If you have a dispute with one or more users, or any other interaction you believe may give rise to any claim, you release MZ (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you live in California, you waive California Civil Code §1542, which says:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
If you live outside of California, you waive any other statute, law, or rule of similar effect in your jurisdiction.
8. User Content.
The Game includes features by which users can submit or upload content to the Game, including without limitation chat and messaging utilities and the ability to select profile names and names for certain In-Game Items, and any other information you submit during your use of the Game (collectively, “User Content”). If you create a Game account via a Third Party Service or otherwise “link” content associated with your Third Party Service account to your account for the Game, your User Content includes any information or content provided to us by that Third Party Service. You represent that you have all rights and permissions necessary to submit User Content to us (including, with respect to photographs, written consent from each identifiable person therein), that your User Content is accurate, and that your User Content is not subject to any confidentiality obligations or in violation of the Code of Conduct. In addition, you represent and warrant that any User Content submitted by you does not violate or infringe upon any copyright, right of privacy, trademark, patent, trade-name, performing right or any literary, dramatic, musical, athletic, personal, private, civil, contract, or property right or any other right of any person, firm, or corporation, or contain any libelous, slanderous material, or material that violates any local, state, or federal law, rule, or regulation.
You retain all right, title and interest to your User Content, except that you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to publish, reproduce, distribute, and otherwise use your User Content and any modifications thereto in connection with the Game in any media now known or hereafter developed, at any time or times, without compensation to you. To the extent permitted by applicable law, you waive any moral rights you may have in your User Content (such as the right to be identified as the author).
In addition to User Content, MZ collects (i) information, content or other material that you provide to us or is otherwise transmitted in or through the Game or which is generated, acquired or developed when you download, install, and/or use the Game or anytime you are in contact with us and (ii) information you receive or which is transmitted to or otherwise made available to you from other users of the Game or third parties in the Game (collectively, “Service Information”). We use the Service Information in many ways, including but not limited to, to help us provide and support the Game and our services. For example, we may use the Service Information to deliver and target advertising and generate information about the reach and effectiveness of advertising through various measurements and analytics (without providing personally identifiable information about you).
By downloading or using the Game, you also acknowledge and accept that we may send you unsolicited commercial electronic messages in connection with the Game, including advertising material.
10. In-Game Items; Payments; Ownership.
The Game allows you to “earn” In-Game Items. You may also use real money to purchase a license to use certain In-Game Items. Purchased In-Game Items are subject to the payment terms and conditions of the mobile platform (e.g., Apple’s iOS, Google’s Android OS, and Amazon’s Fire OS) from which you make your purchase. MZ does not control or manage the payment process; please review the relevant terms and conditions with the applicable platform provider before making any In-App Purchases. When you purchase a license to use In-Game Items, you agree that we may begin to supply you with your purchased In-Game Items immediately.
You agree that you have no ownership interest in your Game account or any In-Game Items associated with your account, regardless of whether you “earned” or “purchased” such In-Game Items. You agree that In-Game Items are for personal non-commercial entertainment purposes, have no independent value outside of the Game, may not be redeemed for any cash value, and is simply a measurement of your limited license.
ALL SALES ARE FINAL. YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY MOBILE PLATFORM PROVIDER IS REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED IN-GAME ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. IN THE EVENT THAT YOU DO NOT RECEIVE AN IN-GAME ITEM THAT YOU PROPERLY PURCHASED THROUGH A PLATFORM PROVIDER, YOU MAY REQUEST A REFUND DIRECTLY FROM THAT PLATFORM PROVIDER SUBJECT TO THEIR REFUND POLICY.
11. Information about Subscriptions.
- Payment will be charged to your account at confirmation of purchase, subject to the payment terms and conditions of the mobile platform from which you make your purchase (e.g., Apple’s iOS, Google’s Android OS, and Amazon’s Fire OS).
- Your subscription will automatically renew unless auto-renew is turned off at least 24-hours before the end of the current subscription period.
- Your account will be charged for renewal within 24-hours prior to the end of the current subscription period. Automatic renewals will cost the same price you were originally charged for the subscription.
- You can manage your subscriptions any time after purchase and you can turn off auto-renewal by going to your Account Settings on the mobile platform from which you make your purchase (e.g., if you purchased on Apple’s iOS, you can go to your Account Settings for the App Store).
- Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription to that offer.
12. Termination and Suspension.
You may terminate your account at any time, for any reason or no reason, by issuing an in-game message or by sending an email to [email protected] with the subject entitled “Termination.”
Upon termination of your account for any reason, you agree to no longer access (or attempt to access) the Game. If your account is terminated, certain provisions of this Agreement will apply after such termination, including Section 15’s mandatory arbitration provision and class action waiver.
13. Disclaimer; Limitation of Liability.
THE GAME IS PROVIDED “AS IS,” AND USE OF THE GAME IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE GAME OR ANY CONTENT OR SERVICES MADE AVAILABLE THROUGH THE GAME, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY. MZ DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE GAME AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR OUR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
REFERENCE TO, OR DEPICTION OF, ANY WEAPON, GEAR, VEHICLE OR OTHER ITEMS IN THIS GAME DOES NOT INDICATE AFFILIATION, SPONSORSHIP, OR ENDORSEMENT BY ANY MANUFACTURER. ALL TRADEMARKS RELATING TO ANY WEAPONS, GEAR, VEHICLES OR OTHER ITEMS IN THIS GAME ARE THE EXCLUSIVE PROPERTY OF THEIR RESPECTIVE OWNERS.
Where our liability cannot be limited or excluded by applicable law, our liability to you is limited, to the extent permitted by applicable law, to:
- in the case of goods supplied to you, the replacement of the goods or the supply of equivalent goods (or the payment of the cost to you of the replacement or supply), or the repair of the goods (or the payment of the cost to you of the repair); and
- in the case of services supplied to you, the supply of the services again or the payment of the cost to you of having the services supplied again,
and you agree it is fair and reasonable, in all the circumstances, for our liability to be limited in this way.
15. Agreement to Arbitrate; Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING ANY CLAIM ON BEHALF OF OTHERS.
This Section 15 (i.e., the “Agreement to Arbitrate”) applies to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of provisions of this Section 15 notwithstanding Section 16 below, those prohibited provisions will not apply to you.
In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, or your use of the Game or any related services, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. Most user concerns can be resolved by contacting our customer support team at [email protected] In the unlikely event that we are unable to resolve your concerns and a dispute remains, this Section explains how you and we agree to resolve it. As explained in more detail below, we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction.
Agreement to Arbitrate; Exceptions
If we cannot resolve our dispute through customer support, YOU AND WE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION, INCLUDING CLAIMS CONCERNING ANY ASPECT OF THE RELATIONSHIP BETWEEN US, YOUR DECISION TO DOWNLOAD THE GAME, YOUR USE OF THE GAME, ANY USER CONTENT, OR YOUR ACCOUNT. This Agreement to Arbitrate is intended to be interpreted broadly, and applies to all legal claims under any legal theory (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory), and applies to any disputes or claims that you assert or that arise even after you stop using or delete your account for the Game, stop using the Game, or delete the Game application from your mobile device. This Agreement to Arbitrate also applies to any claims that are currently the subject of a purported class action litigation in which you are not a member of a certified class. You and we agree that the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the terms or formation of this contract, including whether any dispute between us is subject to this Agreement to Arbitrate (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these terms are void or voidable.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND WE ARE GIVING UP THE RIGHT TO SUE IN COURT AND THE RIGHT TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
This Section 15, however, does not apply to the following types of claims or disputes, which you or we may bring in court in accordance with Section 16 below:
(1) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and
(2) claims for preliminary injunctive relief for violations of sections 4 and 6 herein.
This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you. Also, any of us can bring a claim in small claims court either in Santa Clara County, California or the county where you live, or some other place we both agree on, if such claims meets all the requirements to be brought in that court.
To start an arbitration proceeding, use the form on AAA’s website (www.adr.org) or call the AAA at 1-800-778-7879.
Any arbitration under this section that is required to take place in person will take place pursuant to the Rules, which provide that face-to-face proceedings be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.
If your claim is for US$25,000 or less, we agree to reimburse your filing fee promptly upon being notified of the filing, or pay it for you if you are unable to pay it and we receive a written request from you. Also, if your claim is for US$25,000 or less, we agree to reimburse your share of the arbitration costs, including your share of arbitrator fees, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous or your costs are unreasonable as determined by the arbitrator. If you seek more than US$25,000, the arbitration costs, including arbitrator compensation, will be split between you and us according to the Rules. Irrespective of the amount you seek, neither party shall be entitled to have their attorneys’ fees or costs paid by the other party, provided, however, that either party may seek to recover their attorneys’ fees and costs in arbitration if the arbitrator determines that the other party’s claims (or counterclaims) are frivolous or the other party’s costs are unreasonable.
For non-US Users:
In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of 60 days, then, upon notice by any party to the other(s), any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) (www.icdr.org) in accordance with the provisions of its International Arbitration Rules. The place of arbitration shall be in London, England. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of MZ. The European Union also operates an online dispute resolution platform which can be found at www.ec.europa.eu/consumers/odr.
Class Action Waiver
For disputes arising between MZ and you, or any other user, that are subject to this Agreement to Arbitrate, you and we agree that we can only bring a claim against each other on an individual basis. NEITHER YOU NOR WE CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S CLAIM INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE ARBITRATION PROCEEDING, UNLESS WE BOTH AGREE OTHERWISE IN WRITING. THE ARBITRATOR’S DECISION OR AWARD IN ONE PERSON’S CASE CAN ONLY AFFECT THE PERSON WHO BROUGHT THE CLAIM, NOT OTHER USERS OF THE GAME, AND CANNOT BE USED TO DECIDE DISPUTES WITH OTHERS.
If a court decides that this “Class Action Waiver” subsection is not enforceable or is invalid, then Section 15 shall cease to have effect, however, the remaining portions of the Terms and Conditions will remain in full force and effect.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
Service of Process
To initiate arbitration or any legal proceeding against MZ, you must serve initiating documents on MZ’s registered agent for service of process at: Corporation Service Company, 251 Little Falls Drive, Wilmington, Delaware 19808.
Changes to this Section 15
Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Section 15, you may reject any such change by sending us written notice within 30 days of the change to: [email protected]
16. Applicable Law.
For claims not required to be arbitrated under Section 15, or in the event the arbitration provision in Section 15 is deemed unenforceable or voided, you agree that any claim asserted in any legal proceeding by you against us shall be commenced and maintained exclusively in any state or federal court located in Santa Clara County, California having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising between us, the prevailing party will be entitled to attorneys’ fees and expenses.
17. Third Party Promotions and Links.
The Game may contain advertisements and other promotional content from third parties, including links to third party websites or vendors (collectively “Third Party Promotions “), some of which may invite you to participate in promotional offers in return for receiving optional services and/or In-Game Items. Some of these Third Party Promotions may charge separate fees, which are not included in any fees that you may pay to us. Any separate charges or obligations you incur in your dealings with such third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services contained in such Third Party Promotions and will not be liable for any claim relating thereto. We exercise no control over Third Party Promotions, and MZ has no responsibility for their content, goods, services, performance, operation, availability, business practices or policies. We are providing these Third Party Promotions to you only as a convenience, and we do not imply any endorsement or recommendation of their content, goods, or services. If you decide to access any of these Third Party Promotions, you do so entirely at your own risk. Third Party Promotions including third party websites are subject to their own terms and policies, including privacy and data gathering practices.
18. Ownership; Trademarks and Copyrights.
All rights, title and interest in and to the Game (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, and recordings of games) are owned by MZ and its licensors. MZ reserves all rights, including without limitation all intellectual property rights or other proprietary rights in connection with the Game.
The trademark “Crystalborne: Heroes of Fate,” and the logos associated with it, are trademarks of MZ, and all trademarks, logos and service marks (collectively, “Marks”) displayed on or in the Game are either our property or the property of third parties. Similarly, all artwork and other protectable expression in the Game are either our property or the property of third parties and protected by Copyright law. Marks, artwork, images, music, and any other protectable expression may not be copied, imitated or used without written permission from the owner.
19. Digital Millennium Copyright Act (“DMCA“) Notice.
MZ responds to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When MZ receives a valid DMCA notification, it may expeditiously take down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content, including by forwarding them a copy of the Notice and the name and email address of the person submitting the Notice, so that a Counter Notice may be filed. On receiving a valid Counter Notice, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim that content is infringing your copyright. We recommend contacting an attorney if you are unsure whether your content is protected by copyright law or whether content is infringing on your copyright.
To Submit a Notice:
If you believe that in-Game content infringes on your copyright, you must submit a written notification to MZ either by email or written letter (regular mail or courier). The Notice must include the following:
- An identification of the copyright you claim has been infringed (i.e., your copyrighted material);
- A description of the nature and exact location of the content you claim infringes your copyright;
- Your name, address, telephone number, and email address;
- Statements by you that: (a) you have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law; and that (b) you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical signature of the copyright owner or a person authorized to act on their behalf. To satisfy the signature requirement, please designate electronic signatures by typing a forward slash before and after your name (e.g., /Jane Doe/).
Send the written Notice to the designated Copyright Agent at MZ by emailing us at [email protected] or by sending the Notice to:
Machine Zone, Inc.
Attn: Designated Copyright Agent
2225 E. Bayshore Road, Suite 200
Palo Alto, CA 94303
To Submit a Counter Notice:
Under the DMCA, a Counter Notice is a legal means to state your objection to a DMCA Notice. If you have received a DMCA Notice from MZ, or have been otherwise advised by MZ that your account was the subject of a DMCA Notice, and you dispute that your material is infringing or believe that the material removed or disabled was as a result of a mistake or misidentification of the material to be removed or disabled, you may submit a Counter Notice.
20. Electronic Signatures
You acknowledge and agree that by agreeing to this Agreement electronically that you are expressly agreeing to the terms set forth herein. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY MZ. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
21. Notice for California Users
Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. MZ may be contacted in writing at Machine Zone, Inc., 2225 E. Bayshore Road, Suite 200, Palo Alto, CA 94303.
MZ shall not be liable for any delay or failure to perform resulting from causes outside MZ’s reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond MZ’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
MZ reserves the sole and exclusive right to assign any or all of its rights and obligations under this Agreement, in whole or in part, to any party at any time without any notice. This Agreement may not be assigned by you, and you may not delegate your duties under them.
For Australia and New Zealand Users Only:
Upon termination of your account, MZ will take all reasonable steps to destroy or de-identify your personal information. You acknowledge that some information about you may be retained where required by law or for data back-up purposes.
By providing the consent in paragraph 9, we may not be required under Australian privacy legislation to take reasonable steps to ensure that the overseas recipient of your personal information does not breach the Australian Privacy Principles in relation to your personal information, and we are not responsible for a failure of the overseas recipient to comply with Australian privacy legislation. You should be aware that overseas recipients may not be subject to privacy legislation which is as stringent as the legislation which applies in Australia.
For EU Users Only:
If you reside in the European Union, you acknowledge that you will no longer have the right to cancel under the EU’s Consumer Rights Directive (or implementing legislation in the country where you are located) once we start to supply you with the In-Game Item.
23. Contact Information.
REFERENCE TO, OR DEPICTION OF, ANY WEAPON, VEHICLE, OR GEAR IN THIS GAME DOES NOT INDICATE AFFILIATION, SPONSORSHIP, OR ENDORSEMENT BY ANY MANUFACTURER. ALL TRADEMARKS IN THIS GAME ARE THE EXCLUSIVE PROPERTY OF THEIR RESPECTIVE OWNERS.