Last updated March 19, 2012
These Terms of Service (“Agreement”) covers the public websites of Wargaming.Net LLP (WN/we/us/our) – including, but not limited to http://www.wargaming.net, http://worldofwarplanes.com and http://worldofwarplanes.ru and http://worldofwarplanes.eu sites (collectively, the "Website") — and all online forms on the Website used to collect personal information, existing under English law and having its principal place of business at Office 415, 60 Cannon Street, London EC4N 6NP, UK.
If you are under the age of thirteen (13), you must make sure that your parent or guardian reads and accepts this Agreement on your behalf prior to your use of the Website. If you (or, if applicable, your parent or guardian) do not agree to be bound by this Agreement, you are not permitted to use or access the Website. You also agree that you will not allow, knowingly, any individual under the age of thirteen (13) to access this website without a parent or legal guardian supervising him or her. Please note that WN may terminate this Agreement and your rights hereunder at any time.
Please note that this Agreement applies only to sites maintained by WN or its affiliates, and not third party sites, whether linked to or from the Website. Moreover, this Agreement does not only apply to information collected by WN offline. In addition, this Agreement does not apply to other entities that we do not own or control or persons that are not our employees, agents or within our control. By using the Website, activities, services and all our games, you are agreeing to the terms and conditions of this Agreement.
WN may, from time to time, without prior notice modify, amend, or supplement these Terms of Service, and post those changes on the Terms of Service page. Such modifications, amendments or supplements shall be effective immediately upon posting on the Website. You are responsible for periodically checking the Website for changes to these Terms of Service. If you do not agree to be bound by (or cannot comply with) these Terms of Service as modified, you agree that you sole remedy is to cease using the Services by canceling your Account. Your continued use of the Services constitutes your agreement to be bound by the amended Terms of Service.
THE OBJECTIVE OF THIS TERMS OF AGREEMENT HEREIN DESCRIBES THE TERMS AND CONDITIONS ON WHICH WN OFFERS YOU TO ACCESS AND PLAY ITS GAMES AND SERVICES INCLUDING BUT NOT LIMITED TO; MASSIVELY MUTIPLAYER ONLINE ROLE PLAYING GAME(S), ONLINE CASUAL GAME(S), COMPANY OPERATED WEBSITE(S) OR ANY OTHER SERVICE(S) SUBJECT TO YOUR COMPLIANCE TO ALL OF THE TERMS AND CONDITIONS AND THE RULES OF CONDUCT CONTAINED HEREIN.
Please note that by registering on our site or by involving yourself in the Game, you agree to adhere to the rules and regulations we have set in place to moderate our games and our Game's community, including those at http://forum.worldofwarplanes.com. It is the responsibility of the registrant to read and follow all of the rules and regulations carefully. If the registrant does not feel that he or she can abide by these rules then he/she should refrain from registering. Any player found to be violating our rules will receive a punishment that we deem appropriate.
We retain the right to at anytime restrict the use of our properties to players with or without notice. The process of or attempt of selling or purchasing of game accounts, currency or modify any of the products or related products or use the affiliated graphics without our consent for either real money or in another game currency/items is not permitted. Any players found doing so will get their accounts permanently banned. Players who also state that they intend to carry out this process will be handled the same as those who have carried out the action.
B. Account Policy
This section of the document further discusses the actions which will be executed to an account due to any violation. Each account holder must respect all other players in a professional and courteous manner and is fully responsible for all violations incurred by his/her account.
As such it is your responsibility to make sure to use appropriate password protection techniques, that could include disabling file sharing, running virus checks, and other applicable measures to prevent accounts from being compromised.
1. Account Status
There are different levels of accounts that cannot be impersonated under any circumstances. These levels are as follows:
Community Manager (CM). These are paid employees that manage the various community services that the WN Portal provides. These individuals may or may not have in-game powers but are certain to have full account powers in the community services.
Moderator. These are volunteer players that assist the CM in managing the community services. The selection of Moderators can only be done by CMs of WN. These individuals do not have any in-game powers and have minimal community service powers.
Player. These are the regular accounts available to everyone when they create an account in the WN Portal. They have no authority or powers in any part of the WN Portal.
2. Account Sharing
Players must keep all account information confidential. At no time should a player give out their e-mail, account ID or password, secret question or answer to anyone. This includes friends, relatives, parents, children, spouses, co-workers, clan members, clan leader, and so on. The account owner is responsible for their accounts actions at all times. This means that if anyone logs into your account such as a family member or even hackers, you are held responsible.
3. Security of Your Account
You are responsible for maintaining the confidentiality of your Account and for all activities that occur through the use of your Account. You agree to: (i) immediately notify WN of any unauthorized use of your Website Account or any other breach of security, (ii) immediately report to WN staff on any hacking tools if known that can potentially harm the Website or the Game for further investigation, and (iii) ensure that you secure your Account and computer from third party access. WN 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 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, alteration, modification and/or disclosure of your personal information. Although we use reasonable efforts to safeguard the security of your personal information, transmissions made 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.
A warning is issued to a player for an offense which is considered a minor breaking of the Game, forums, or other rules and may include minor illegal act the most common violation of which is due to lack of knowledge or offense which may pose little threat to our community. This is a cautious response to the player to keep their eyes open and acknowledge that he/she has performed an act that is not allowed.
If a similar act(s) is continued, second level of action will be conducted in accordance with the account policy, removal of specific items from the offenders account, removal of funds from the offenders account, or more sever actions may also be taken if deemed necessary.
5. Simple Suspension
A simple suspension of the account is issued to a player who has committed a violation for which he/she was previously warned. A simple suspension is used to remove the player off the server for a short period of time to ensure he/she understands the importance of a violation free environment.
6. Extreme Suspension
7. Account Closure
Account closure is by far the highest level of punishment to an active account. This course of action is utilized at situations where an offense may not be tolerated any further. In other words, the offender has far exceeded the point in which any suspension is applicable. Upon completion of an account closure, the entire account may be permanently deleted as well as the offender is prohibited to attend any matters relating to the game. Hereafter, the account will not be revoked for any reason.
Severe acts or a large accumulation of small acts may not receive any warnings and can lead to account closure immediately. Accounts related to the offender's account may also be banned depending on the circumstances that the original account was banned under.
C. Charges and Billing
You may create an Account without paying any registration or subscription fees. However, some content, games, products and/or services offered on or through the Website may be offered to you on a fee basis. If you elect to subscribe or become a member to, or purchase fee-based content, games, products and/or services and transmit to WN a purchase request, you warrant that (i) you are or over the age of thirteen (13), or, if you are under thirteen (13), your Parent has submitted all purchase information and read and accepted this Agreement on your behalf, (ii) your use of the particular credit card or other accepted method of payment is authorized, (iii) all information that you submit is true and accurate (including, without limitation, your credit card number and expiration date), and (iv) you agree to pay all fees you incur, including all recurring subscription fees unless and until you affirmatively terminate your game, content, product or service account in accordance with the terms for such game, content, product or service.
Any applicable fees and other charges are payable in advance and are not refundable. WN may, from time to time, without prior notice modify, amend, or supplement its fee and billing methods, and post those changes on the Terms of Service page or elsewhere on the Website. Such modifications, amendments or supplements shall be effective immediately upon posting on the Website. If any change is unacceptable to you, you may cancel your Account at any time, but WN will not refund any fees that may have accrued to your Account before such cancellation, and we will not prorate fees for any charges.
As specified in Section B above regarding Accounts, any Website username and password supplied to you in connection with fee-based member materials that you purchase is personal to you, and you may not transfer or make available your Account name and password to others. Any distribution by you of such Account username and password may result in suspension, termination or cancellation of your access to such fee-based Member Materials without refund and in additional charges based on unauthorized use.
You also acknowledge and agree that WN and its Third Party Providers do not ensure continuous or error-free access or availability of any game content, feature, game-play, service or server and may change, modify, disable, suspend or remove any such content, feature, game-play, service or server in their sole discretion.
1. Payment Method
If you pay for WN services by the payment method of your choice, you represent to WN that you are the authorized account holder of that payment service used to pay service charges. You agree that WN may assign 3^rd Party Service and Distribution partners (namely WARGAMING PUBLIC COMPANY LTD, Reg. No: 290863, office 101, Kyriakou Matsi 10, 1082 Nicosia, Cyprus (WN PCL) to collect payments for WN services. You agree and reaffirm that WN PCL is the authorized vendor to charge payment method of your choice. You agree to promptly notify WN PCL and WN of any changes to your payment method's account number, its expiration date and/or your billing address, and you agree to promptly notify WN PCL and WN if your payment method expires or is cancelled for any reason.
2. Use of Gold
Gold is in-game cash you receive by completing your payment through the billing section of the Web Site. You may use Gold to purchase cash items in the Game. The purchased Gold does not expire. Use of Gold or cash items for any purposes other than those authorized on the Website or the Game, whether online or offline, is a violation of these Terms. You agree that WN has the absolute right to manage, regulate, control, modify and/or eliminate Gold or cash items as it sees fit at its sole discretion and that WN will have no liability to you based on its exercise of such right. Gold is not subject to refund, nor does it have "real cash" value. Regardless of the consideration offered or paid in exchange for the cash items, you do not have any ownership rights in the cash items.
3. Virtual Goods
You agree that WN reserves the right to manage, regulate, control, modify and/or eliminate its games and all aspects of including but not limited to, game characters, items, points, and Gold (collectively, "Virtual Goods") therein. All Virtual Goods remain property of WN. You acknowledge that WN may, in its sole discretion, in any general or specific case, modify features, functions or abilities of any element of any of its games or any Virtual Goods (which may, among other things, make the Virtual Goods substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely). You acknowledge and agree that all Virtual Goods represent a limited license right governed by the terms of this Agreement, and are not redeemable for any sum of money or monetary value from WN at any time.
D. Communication Features
You understand that by using WN Communication Features, you may be exposed to messages, information, data, text, software, graphic files, or other materials, whether in written, verbal, electronic, digital, machine-readable or any other form, whether now known or hereafter to become known ("User Content") that you might find objectionable. WN and its Third Party Providers do not control the content of any User Content and do not guarantee their accuracy, integrity or quality. You understand that any User Content sent through or appearing on WN Communication Features is the sole responsibility of those persons transmitting such User Content. This means that you, and not WN, are entirely responsible for all User Content that you transmit. Under no circumstances will WN or its Third Party Providers be liable for any errors or omissions in any User 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 User Content sent through or appearing on any WN Communication Features.
WN and WN's Third Party Providers have no obligation to monitor or supervise WN Communication Features and/or User Content, and expressly disclaim any representation that we or our Third Party Providers will monitor or supervise such Communication Features and/or User Content. However, as previously discussed, we expressly reserve the right, but not the obligation, in our sole discretion to monitor, screen, edit, refuse to post, block or remove, in each case, in accordance with applicable law, any User Content, in whole or in part, sent through or appearing on any WN Communication Feature, you expressly agree to waive any rights of confidentiality that you may have in and to your communications (if any) when using any of the WN Communication Features, and you agree that you have no expectation of privacy in any content in any of the WN Communication Features. Without limiting the foregoing, WN and/or its Third Party Providers and designees shall have the right to block or remove, in whole or in part, any User Content that is in violation of this Agreement, is illegal, infringing or otherwise offensive or objectionable. Accordingly, you acknowledge that WN Communication Features are forums for public and not private communications. You also agree to indemnify and hold WN and its Third Party Providers and designees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these terms and conditions or your violation of any rights of another.
2. Prohibited Uses
You agree not to do any of the following while accessing or using the Website or any WN Communication Features:
1. Transmit or facilitate the transmission of any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
that may be invasive of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable;
2. Impersonate any person or entity, including but not limited to, a Website or other WN official, employee, representative or agent (or an official, employee, representative
or agent of WN's affiliates, licensors or licensees), forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Post, transmit or facilitate the transmission of any User Content that you do not have a right to transmit, under any law or under contractual or fiduciary relationships
(such as nondisclosure agreements);
4. Transmit or facilitate the transmission of any User Content that contains a virus, corrupted data, trojan horse, bot, keystroke logger, worm, time bomb, cancelbot or
other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information;
5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to or through WN’s Communication Feature;
6. Use a WN’s Communication Feature in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting (use of all caps),
flooding (continuous posting of repetitive text) or excessively large embedded images);
7. Transmit or facilitate the transmission of any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of
8. Intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;
9. Post, transmit or facilitate the transmission of any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
10. Transmit any User Content to an WN Communication Feature which discloses your or any other person's personal information;
11. Transmit or facilitate the transmission of any content to an e-mail address, messenger-feature address or other location that is not yours or to which you do not have
the expressly authorized right to use without securing the prior authorization of such other person or entity;
12. Use cheating and hacking. Any kind of cheating or hacking which is concluded by our assessment of a player's results will not be tolerated. The hacker's information
including the current IP Address will be recorded for future reference and investigation. By using the Website or the Game you agree to immediately report to WN staff on any hacking tools if known that can potentially harm the Website or the Game for further investigation;
13. Transmit unsolicited advertising, promotional materials, "junk mails", "spam", "chain letters" or other forms of solicitation. Advertising may include, but is not limited to,
the repeated posting of website links through any of the in-game methods of communication. Links to sites, images and/or video may also be considered as advertising and so such actions are considered prohibited;
14. Slander and deception of WN Staff. WN Staff is to be as impartial and unbiased as possible. If there is an issue with the performance of the WN Staff the players are to
send a report to Customer Service so the issue can be taken under investigation. Openly offending the WN Staff, withholding information, or openly deceiving the CMs, as well as contradicting their words, actions, and decisions can lead to various penalties depending on the situation. Offenses in this category go through a thorough analysis before punishment is given. By involving yourself in the Game, you acknowledge that you agree to these and all other relevant rules and will abide by them regardless of the circumstances. In addition you also agree that these rules will apply to anyone that you allow to use your WN's account or user ID. By allowing another user to use your account, you are personally responsible for all the consequences (including termination of your account) which may result, if the above discussed person violates any of the listed rules at any time you will not be entitled to a refund of any monies paid by you;
15. Modify any files that WN does not specifically authorize users 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 Account and possible civil and/or criminal liability;
16. Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage;
17. Reverse engineer, decompile or disassemble all or any portion of the Website, Game or other services.
This above-referenced list of prohibitions only provides examples of unacceptable conduct and is not intended to be a complete or exclusive list of prohibited conduct. WN reserves the right to terminate your authorization to access and use the Website and, more specifically, may elect to terminate your account, and your ability to post and/or to retrieve materials that are made accessible by means of the Website, with or without cause and with or without notice, for any reason or no reason, or as a consequence of any action that WN determines is inappropriate or disruptive to this Website or to any other person or entity that is entitled or otherwise permitted to access and use the Website and/or any of the various products and services that are made available by or for WN as part of the Website.
Your online conduct should be guided by common sense and respect for others who access and use the Website (whether or not such third parties are registered users of the Website) and for the employees and representatives of WN, as well as respect for the laws, statutes, rules and regulations that are applicable to your conduct in the real, offline world. Please be advised that WN will not tolerate inappropriate behavior or illegal activities on and/or relating to the Website. WN will report to law enforcement authorities any actions that appear to be illegal or otherwise in violation of any applicable law, and, similarly, may forward any reports that WN or its affiliates or licensors receive of any illegal activities or other such actionable conduct. When legally required or at WN's discretion, WN will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet.
3. Rights in User Content
Any and all User Content submitted (e.g., by uploading or transmitting) to WN shall be deemed, and shall remain, the property of WN and/or its Third Party Providers from the moment of uploading or transmission.
Accordingly, WN shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all User Content of every kind and nature, in perpetuity, throughout the universe and you hereby assign to WN as a present assignment of future rights all such intellectual property rights to the extent owned by you. To the extent any of the User Content is not assignable, by submitting User Content to a WN Communication Feature, you agree that WN and/or its Third Party Providers shall be irrevocably entitled to, throughout the universe and in perpetuity, use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from and distribute any User Content for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the User Content, including sublicensing any third party to do any of the foregoing. To the extent permitted by applicable laws, you also give up any claim that any use by WN and/or its Third Party Providers of any User Content violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.
The Website, including the WN Communication Features, may provide and users may include in messages, links to other web sites or resources. WN 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. WN 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.
5. Events and CM Interaction
When the CM is initiating events, players are to listen to the CMs instructions as well as to obey instructions when directly given to the player. When a CM is in communication with the players, they are expected to listen and to be as cooperative as possible. If the player disobeys or neglects to acknowledge the CM, the end result can range from no penalties to punishments as severe as account suspension or account closure, depending on the situation that has occurred.
6. Epilepsy Warning
Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing. We advise that parents should monitor the use of video games by their children. If you or your child experience any of the following symptoms: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion, while playing a video game, IMMEDIATELY discontinue use of the video game and consult your doctor. Please also note that when using a video game you should take certain standard health and safety precautions, including avoiding playing the game when tired and not had much sleep, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and playing the game in a well-lit environment.
E. Alpha and Beta Tests
You may be given the opportunity to alpha or beta test new games and site features. Your participation as a tester is subject to the following terms and conditions.
1. Closed Alpha and Beta Tests
Closed tests are confidential. The alpha and beta games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in a closed test, you must safeguard and prevent unauthorized access to, copying, disclosure, and unauthorized use of the provided games. You will carry out the testing personally and not provide access to alpha and beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to WN, and WN is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the provided games confidential will continue until WN publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
2. All Alpha and Beta Tests (Closed and Open)
1. As a tester, you are invited to play alpha and beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the alpha and beta games or content that you find here. The alpha and beta games are provided for testing on an "as is" "as available" basis and we make no warranty to you of any kind, express or implied.
2. When playing some alpha and beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time
during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.
3. By starting an alpha or beta game, you agree that: (i) playing alpha and beta games is at your own risk and that you know that the games may include known or unknown bugs, (i) any value
or status indicators that you achieve through game play may be erased at any time, (iii) WN has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the testing process is complete or at any time in the future; (v) these Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed alpha and beta test, you will keep all information about the alpha and beta games confidential as stated above and not disclose such information to any other person.
4. Alpha and Beta Test accounts are non-transferable under any circumstances.
F. Service Interruption
1. 1. WN reserves the right to interrupt the Website or other services (collectively, Service) from time to time on a regularly scheduled basis or otherwise with or without
prior notice in order to perform maintenance.
1. 2. You acknowledge that the Service may be interrupted for reasons beyond the control of WN, and WN cannot guarantee that you will be able to access the Service or
your Account whenever you may wish to do so. WN shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes beyond its reasonable control.
III. Intellectual Property
The Website, the Game, including, without limitation, all WN Communication Features, contains copyrighted material, trademarks and other proprietary information including, without limitation, text, images, illustrations, databases, software, photographs, video, graphics, music and sound, and the entire contents of the Website and each area contained therein are copyrighted as a collective work under the United States copyright laws. WN owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Website (including, without limitation, content that the Website enables you to download) without the express written permission of WN and any other applicable owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice may be made. The downloading of copyrighted material from the Website is allowed by you only for your own use. You acknowledge that WN and/or third-party content providers remain the owners of all materials posted on the Website, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
B. Copyright and Trademark Notices
Wargaming.net and WN’s corporate logo are trademarks or registered trademarks of WN in the United States and other countries, and all rights, title and interests in and to any and all such marks are hereby expressly reserved by WN. All other trademarks, service marks, trade names and logos that appear within WN games or are displayed on the Website are the property of their respective owners.
The Game, the Website, and all materials, information and data contained or displayed within the games, and/or otherwise appearing within the Website, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of WN and are © 1998-2013 Wargaming.net. All rights that have not been expressly granted to you pursuant to these terms are hereby expressly reserved by WN. Except as otherwise expressly permitted by applicable law, any reproduction, distribution, modification, retransmission, publication, or other use or exploitation of the games, the Website and/or any of the materials (or any portion or derivative of any such items), directly or indirectly, is strictly prohibited unless the written consent of the applicable copyright owner or relevant sublicensor (if any) is first obtained.
C. Fan Websites
1. Solely in connection with your fansite or your fansite pages dedicated to the games that WN develops, publishes and/or distributes, we may (in our sole discretion)
grant you, on a non-exclusive and non-sublicensable basis, permission to reproduce and redistribute on the fansite to end users, certain WN and Third Party Provider game-related images, graphics or artwork (the "WN Fansite Content") and certain WN and Third Party Provider trademarks and logos (the "WN Marks") that WN may expressly designate "for fansite use" on fansite pages at www.worldofwarplanes.com or its associated game sites, so long as you comply with the terms and conditions described here and on the fansite pages, as those terms and conditions may be modified from time to time in accordance with this Agreement. You acknowledge and agree that WN shall have the right to amend, delete, add to or otherwise modify any WN Fansite Content used or accessed by you, without prior notice.
2. As the operator of an independent, unaffiliated web site, you will have sole editorial control over the fansite, except that you represent and warrant to WN that the fansite
will not post material that is illegal or infringes on the rights of third parties or harms the reputation of the game, WN, its parent or affiliate companies, or its officers or employees. If at any time you post such disparaging material, or material that is illegal or infringes upon the rights of any third party, WN may terminate the grant set forth in Section III(C)(1). Your ownership in the fansite excludes the WN Fansite Content and WN Marks and excludes any derivative works based upon or including the WN Fansite Content and/or WN Marks. The fansite is not a "Joint Work" as that term is defined in the United States Copyright Act, Title 17 United States Code ("U.S.C."), and is not otherwise a joint, collective or collaborative work under any other applicable laws.
3. You agree to include WN's trademark, copyright or other proprietary rights notices, as provided on the fansite page for the game referenced, when displaying WN
Fansite Content or WN Marks, and agree to comply with usage guidelines that may be provided by WN from time to time. You shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of WN Fansite Content or WN Marks, including in digital form; nor challenge WN's or its Third Party Provider's ownership of the WN Fansite Content or WN Marks, nor use or adopt any trademarks that might be confusingly similar to such WN Marks.
4. WN reserves all rights, title and interest in and to the WN Fansite Content and WN Marks which are not expressly granted herein. You shall not rent, lease, reproduce,
modify, translate or create derivative works of the WN Fansite Content except as expressly permitted herein, nor create any derivative works (including without limitation fiction or visual art) from, or in any way exploit, any of the characters or content contained in the game or on the Website, without the express written permission of WN. WN does not consent to the protection under the copyright law of any unauthorized derivative work. The creation and sale of merchandise based on the game or upon WN Fansite Content or WN Marks is expressly prohibited.
5. If you intend to charge a subscription or access fee to generate revenue from the fansite, we would require you to execute a simple license agreement with us. The
limited permission granted here with respect to fansite use of certain WN Fansite Content and WN Marks does not cover such circumstances.
6. Under no circumstances will WN be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this
permission. WN reserves the right in its sole discretion to expressly refuse this permission to any particular fansite, or to revoke this permission at any time.
D. Submissions, Fan Fiction, Artwork, Content, and Photographs
1. WN is pleased to hear from its customers and welcomes your comments regarding WN's online services. Unfortunately, however, WN's long-standing company policy
does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by WN's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials. You understand that whether or not such creative ideas, suggestions or materials are published, WN does not under any circumstances guarantee any confidentiality with respect to any submissions.
2. Any and all creative suggestions, ideas, notes, drawings, concepts or other information that you send to us, whether at our specific request or despite our request that
you not do so (other than Content transmitted on WN Communication Features) and any and all Licensed Content (collectively, "Submissions") shall be deemed, and shall remain, the property of WN from the time of uploading or transmission. Accordingly, WN shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all Submissions of every kind and nature, in perpetuity, throughout the universe and you hereby assign to WN as a present assignment of future rights all such intellectual property rights to the extent owned by you. In the event that any of the Submissions are not assignable, you agree that WN shall be irrevocably entitled to, throughout the universe and in perpetuity, use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from and distribute any Submission for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the Submission, including sublicensing any third party to do any of the foregoing. To the extent permitted by applicable laws, you also give up any claim that any use by WN and/or its licensee(s) of any Submission violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.
3. If you upload any photograph, video, or audio file to or through any WN Communication Feature, to the extent permitted by applicable laws, you (i) grant to WN the non-
exclusive, worldwide right to use, post, publish and display such material on the Website, without royalty or compensation of any kind, (ii) expressly waive any and all rights of privacy, moral rights or rights of attribution and integrity, in and with respect to the photograph, video, or audio file, (iii) promise that the material is either a picture, video, or audio file of you or that duplication and distribution of the material will not violate any right of or require any compensation to any person or entity, (iv) promise that you are the copyright owner of the material or have all rights necessary to authorize its unfettered use and distribution and (v) promise that you are over the age of thirteen (13). You understand that, once your photograph, video, or audio file is posted, anyone can download and/or distribute that material. You expressly waive any and all claims you may have against WN and release WN from any and all liability arising from or related to the submission and WN's or any third party's use or transmission of the photograph, video, or audio file.
4. In connection with submissions you agree that you will never submit any material that is copyrighted or otherwise subject to third party proprietary rights, unless you are
the owner of such rights or have permission from their rightful owner to post the material. WN does not permit copyright infringing activities and infringement of intellectual property rights. WN will remove all submissions if properly notified that such submission infringes another’s intellectual property rights.
E. Software Available on the Website
1. Any software that is made available to download from the Website ("Software") is the copyrighted work of WN or Third Party Providers or other suppliers. Use of the
Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). End users shall not install or use any Software that is accompanied by or includes a License Agreement unless the end user first agrees to the License Agreement terms. For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: WN hereby grants to you, the user, a personal, non-transferable license during the term of this Agreement to use the Software for viewing and other use of the Website in accordance with this Agreement, and for no other purpose. Please note that all Software, including, without limitation, all HTML code contained on the Website, is owned by WN and/or Third Party Providers or other suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
2. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE MAY BE SUBJECT TO OTHER LIMITATIONS, DISCLAIMERS OR WARRANTIES SET FORTH IN THE APPLICABLE LICENSE AGREEMENT ENTERED INTO BY YOU IN CONNECTION WITH YOUR PURCHASE OR USE OF THE SOFTWARE. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF SUCH LICENSE AGREEMENT AND THIS AGREEMENT, THE LICENSE AGREEMENT SHALL CONTROL WITH RESPECT TO THE SOFTWARE ONLY. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, WN AND WN'S THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU MAY NOT MODIFY OR CREATE DERIVATIVE WORKS FROM THE SOFTWARE IN ANY WAY OR REMOVE PROPRIETARY NOTICES. YOU AGREE TO ABIDE BY ALL LAWS AND REGULATIONS IN RELATION TO THE USE OF ANY SOFTWARE.
A. Disclaimer of Warranties
Your access and use of the Website and/or any of the various products and services relating to WN games and/or that are accessible as part of the Website is and will be entirely at your own risk and expense. Please be advised that neither the materials nor the Third-Party Content have been verified or authenticated in whole or in part by or for WN, and, accordingly, the audiovisual content and related information and data may include inaccuracies or typographical or other errors. WN does not make any representations or grant any warranties regarding the Website, games, materials, any Third-Party Content, and/or any other subject matters of this Agreement, including, without limitation, any representation or warranty regarding the accuracy or timeliness of the materials or the Third-Party Content contained within or otherwise displayed as part of the Website. WN shall have no obligations or liability for any errors or omissions of or concerning the Website, the games, the materials and/or any Third-Party Content, whether provided by WN or our licensors or any third-party contributors or other sources of any such items.
1. NEITHER WN, WN'S THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR
SERVICES CONTAINED ON THE WEBSITE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "WN PARTIES"), MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL WN COMMUNICATION FEATURES. WN PARTIES DO NOT MAKE ANY WARRANTY THAT YOU WILL BE ABLE TO USE OR ACCESS THE WN’S WEBSITE (EITHER DIRERCTLY OR THROUGH THIRD PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOICE.
2. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL INFORMATION, CONTENT AND SERVICES CONTAINED THEREON ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE WN PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK.
B. Limitation of Liability
1. SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS
SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
2. IN NO EVENT WILL ANY OF THE WN PARTIES BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING
OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THE WEBSITE, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THE WEBSITE OR ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH THE WEBSITE; OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITE, EVEN IF WN WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY WN PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY
CONCERNING THE WEBSITE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THE WEBSITE.
4. NEITHER THE WN PARTIES NOR ENDORSES OR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL WN COMMUNICATION FEATURES OF THE WEBSITE, BY ANYONE OTHER THAN AUTHORIZED WN EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL WN, ANY WN THIRD PARTY PROVIDER, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE WEBSITE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL WN COMMUNICATION FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL WN COMMUNICATION FEATURES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT WN SHALL NOT BE LIABLE FOR USERS’ SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
5. NEITHER THE WN PARTIES NOR ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE
WEBSITE AND NONE OF THE WN PARTIES OR WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
This Policy may change from time to time, so please check back periodically to ensure that you are aware of any changes. If we make a material change to the Policy, we will notify you by posting the change on the Policy and, if necessary, give you additional choices regarding such change. Your continued use of our Website will signify your acceptance of these changes.
VI. Report Violation
Please report any violations of the Terms of Agreement to our compliance department using email inquiry section on the official website.
I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
VII. Contact Us
If you have any questions, complaints, or comments regarding these Terms of Service, or have other questions or suggestions about our Website, please contact us via e-mail at firstname.lastname@example.org.