TERMS OF SERVICE ( Seiya Online )
1. TERMS OF AGREEMENT
This Agreement applies to the website operated by Seiya Team, seiyaonline.com (the " Sites"). Please note that this Agreement applies only to sites maintained by the Seiya Team.
BEFORE PROCEEDING TO REGISTER, PLEASE READ THE TERMS OF SERVICE AND CHECK THE "AGREE" BOX IF YOU ACCEPT THE TERMS. BY CLICKING ON THE "I AGREE" BUTTON, INSTALLING, COPYING, OR OTHERWISE USING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE CLICK ON THE "I DO NOT AGREE" BUTTON AND PROMPTLY LEAVE THIS PAGE AND DO NOT USE OR ACCESS OUR SITES OR SERVICE.
ACCESS AND USE OF OUR APPLICATIONS OR RELATED PRODUCTS OR SERVICES BY CHILDREN UNDER THE AGE OF 13 IS STRICTLY PROHIBITED.
(a) "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 Technical Information.
(b) "Technical Information" shall mean the software, know-how, data, test result, layouts, artwork, processes, scripts, concepts and other technical information on or in relation to the Service and the installation, operation, maintenance, service and use thereof.
(c) "End Users" shall mean the users of the Service through network game service system established and operated with individually assigned ID numbers for each End User.
This User agreement (the "Agreement") comprises the entire agreement between Seiya Online and the User, and supersedes any prior agreements between the User and Seiya Online with respect to the subject matter hereof. This Agreement does not supersede any additional terms and conditions of which User is notified by Seiya Online and/or which may apply when using third party content or services. Seiya Online may amend or revise this Agreement at any time and at its sole discretion, and such amendment or revision shall be effective upon posting of such revised agreement on the Sites. User hereby agrees to review this Agreement by accessing the Site periodically to become aware of any such revisions. If any revision is unacceptable to the User, the User may terminate the Agreement hereof. Continued use of the Services following the posting of the revised Agreement shall be deemed to be acceptance of all such revisions.
4. DESCRIPTION OF SERVICE
The Company offers various games as a free online game service (the "Service") accessible via the internet at the Sites with sales of various game items for your additional interest. Secondly, it reserves the right to change the URL address of the website at any time upon necessity. In order to use the Service, you need to download the software available on its Sites for an installation of the necessary components (the "Software"). Furthermore, an establishment of a policy (the "Policy") is necessary for those who wish to use the subject service, and the Company shall not be responsible for any fees and charges incurred in any, if not all, of an establishment/usage/termination of your Internet Service. The Sites is an active part of the Service, and any use of the Site shall be governed by the same terms and conditions of this Agreement and the Rules of Conduct.
5. USER'S OBLIGATIONS AND RESPOSIBILITIES
In order to use the Service, you are required to complete a registration form containing your nickname, gender, date of birth, e-mail address, 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 provided is not true, accurate, current or complete, or Seiya Online has reasonable grounds to suspect that the information is untrue, inaccurate, not current or complete, then Seiya Online shall have the right to suspend or terminate your right to use the Service and refuse to provide any current or future Service to you.
You acknowledge that Seiya Online reserves the right to refuse to grant you a user name that is already in use, may be illegal, may be protected by trade-mark or other proprietary interest, is obscene or profane or otherwise determined by Seiya Online, 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 Seiya Online if you believe that the security of your password has been compromised. You acknowledge that Seiya Online does not protect you from the unauthorized use of your password.
(a) Eligibility. Seiya Online’s Services are available only to individuals who are thirteen (13) years of age and older. Individuals under the age of thirteen (13) may not use any Seiya Online Sites; may not create an account for or use any of Seiya Online’s Services; may not make any purchases through Seiya Online’s Store; and are not eligible to enter any of our sweepstakes or promotions.
Those who have completed these steps and who maintain their Account in good standing are sometimes referred to in this Agreement as "Members." By clicking the "Agree" button you represent that you are a 13 years of age or older. Only one person may use an Account. You are liable for all activities conducted through your Account, and parents or guardians are liable for all activities of their minor child conducted through the Account.
Except as may be required by law, Seiya Online will not knowingly collect, maintain, or disclose any personal information from children under the age of 13. Seiya Online recommends parents and guardians to spend time online with their children to become more familiar with the types of content available on the Internet, including our online games. Parents and guardians should regularly oversee their children's use of email and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids.
(b) Account ID. Your email address is your account ID. As creator of your Account ID, you are completely responsible for your identity and Seiya Online will not tolerate offensive, obscene, or otherwise inappropriate Account ID. If an Account ID violates any part of these Terms, determined at the sole and absolute discretion of Seiya Online support personnel, we may immediately, temporarily, or permanently ban the associated User Account from the Sites and Service, with or without notice or prior warning.
(c) Account. By agreeing to the User Agreement you agree that you do not own the account you use to access the Service, the characters that Seiya Online stores on its servers, the items stored on these servers, or any other data which the servers and accounts are comprised of. The account you create is needed to login to the service and the fee that you pay is to continue to access the service.
(d) Nickname. In order to use the Service, you must create a Nickname to identify you to other Members (your "Nickname"). You may not select as your Nickname 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 Seiya Online, or which Seiya Online deems at its sole discretion to be vulgar or otherwise offensive. Seiya Online reserves the right to delete, or alter any vulgar or otherwise offensive Nicknames.
(e) Pledge Names, Pledge Titles, House Signs, Individual Titles, NPC Names. While accessing the service, it is possible to name your pledge, grant titles to individual members, grant a title to your own character, and name NPCs. You may not give a name to a pledge, another character, grant your own character a title, or name an NPC (non player character) that is 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 Seiya Online, or which Seiya Online deems at its sole discretion to be vulgar or otherwise offensive. Seiya Online reserves the right to delete, change, or require you to change, any vulgar or otherwise offensive Name.
(f) Passwords. At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for 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 and Account ID. At no time should you respond to an online request for a password. Seiya Online will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process.
(g) Former Members. Members whose Accounts have been terminated by Seiya Online may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of Seiya Online.
(h) Related Accounts. If Seiya Online terminates an Account, Seiya Online may terminate any other Accounts that share the same member name, phone number, email address, postal address, Internet Protocol address, or credit card number with the terminated Account.
Either you or Seiya Online may terminate your Account at any time without further obligation to the other. Further, Seiya Online reserves the right to terminate the Service at any time without further obligation to you. if the service or your account is terminated or canceled at any time for any reason, you agree to the following: (1) you will not be entitled to any refund or proration of Black Gold Coin (2) you will lose any characters developed, items accumulated or Black Gold Coin and you will not have the right to transfer, sell or assign any characters, items or Black Gold Coin to anyone else; (3) 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, Seiya Online may terminate any and all other accounts that share the member name, phone number, email address, internet protocol address Hardware device or credit card number with the terminated account; (4) we may terminate this Agreement (including your Software license and your Account) immediately and without notice if you breach this Agreement 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 gameplay, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of the Rules of Conduct. If we terminate this Agreement under any circumstances, you will lose access to your Account for the balance of any prepaid period without any refund.
7. PARENTAL GUIDANCE
Parents may find the Site and Service inappropriate for use by persons under the age of 13. While Seiya Online 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. Seiya Online 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. Seiya Online does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player.
8. INTELLECTUAL PROPERTY
Including but not limited to, all communication features of Seiya Online contains copyrighted material, trademarks and other proprietary information including, but not limited to, any titles, text, software, photographs, video, graphics, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Seiya Online, Gateway and the entire contents of Seiya Online and each area contained therein are copyrighted as a collective work and exclusively owned and licensed by Seiya Online and protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved.
Seiya Online owns copyrights in the selection, coordination, arrangement and enhancement of such contents. User may not in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Game, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on Seiya Online (including, without limitation, content that the Website enables you to download) without the express written permission of Seiya Online and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, and legend or copyright notice shall be made. The downloading of copyrighted material from Seiya Online is allowed by the user expressly for the user's own personal use.
User acknowledges that Seiya Online and/or third-party content providers remain the owners of all materials posted on Seiya Online, and that the user does not acquire any of those ownership rights by downloading copyrighted materials.
Failure to comply with the restrictions and limitations shall result in immediate, automatic termination of the Account granted hereunder and may subject you to civil and/or criminal liability. [Notwithstanding the foregoing, you may make one (1) copy of the Game Client and the Manuals for archival purposes only.]
Further exceptions exists for the purpose of fair use and community sharing ideas and community building projects based on Seiya Online Games including: Original fan creations such as artwork and costumes; Media mix contents showing their in-game play such as, video or descriptions of their play in video Blogs or short stories of their characters adventures; Or musical pieces of the in-game music played, or remixed based on Seiya Online Interactive's Intellectual Property as long as Credit and links back to the Game Host are given. Using actual Seiya Online files for the purpose of game creation or selling as your own Intellectual Property is still strictly prohibited.
9. LIMITATION OF LIABILITY
USER ACKNOWLEDGES THAT GRAVITY SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY GRAVITY OR ITS CONTENT PROVIDERS OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT OF THE SERVICES. GRAVITY 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 GRAVITY. GRAVITY'S ENTIRE LIABILITY AND USER'S EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SERVICES AND ALL CONTENTS & SOFTWARE DEVELOPED BY OR FOR GRAVITY SERVICES WHICH IS FOUND TO BE DEFECTIVE USING MEDIA CHOSEN BY GRAVITY SERVICES SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID BY USER FOR THE DEFECTIVE SERVICE LESS AN AMOUNT EQUAL TO THE VALUE OF THE SERVICE FOR THE TIME THAT IT OPERATED PROPERLY. GRAVITY'S LIABILITY TO USER FOR ANY AND ALL BREACHES OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL AMOUNT OF Seiya Online ENERGY CURRENTLY REMAINING ON THE Seiya Online ACCOUNT.
YOU AGREE THAT GRAVITY CANNOT BE HELD RESPONSIBLE OR LIABLE FOR ANYTHING THAT OCCURS OR RESULTS FROM ACCESSING THE SITE OR SERVICE.
11. DISCLAIMER OF WARRANTIES
YOU 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. GRAVITY 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, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS. GRAVITY 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. GRAVITY 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. GRAVITY 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 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 GRAVITY OR ANY SERVICE PROVIDER CUSTOMER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF AGREEMENT
12. UNACCEPTABLE CONDUCT
Subject to the Terms of Agreements herein, User may not engage in any conduct or communication while using the Services which is unlawful or which restricts or inhibits any other User from using or enjoying the Services. User agrees to use the Services only for lawful purposes. Seiya Online reserves the right to terminate the User's usership if it determines, in its sole discretion, which the User has engaged in unacceptable conduct. The list of prohibited conduct set forth in Subsections below provides examples of unacceptable conduct, which list is not exhaustive, and Seiya Online reserves the right, but not the responsibility, to restrict conduct which Seiya Online deems, in its sole discretion, to be harmful to individual users, damaging to the Services, or in violation of Seiya Online's or any third party's rights. Seiya Online may prohibit or delete conduct, communication or content transmitted on Seiya Online Site or Services that are deemed to be in violation of applicable laws or is harmful to other users, the Seiya Online Service community, or the rights of Seiya Online in general. User acknowledges, however, that communication over the Services often occurs in real-time and Seiya Online cannot, and does not intend to, screen communication in advance.
YOU MAY NOT USE THE SERVICES TO:
A) Use of illegal automated programs, scripts, and computers. The use of any illegal automated program (Ex. 3rd party bot) or system, devices, computers, or scripts on Seiya Online and Gateway is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. Violators will be prosecuted to the full extent of applicable law and may also liable for the punitive damage. Seiya Online may terminate and permanently disqualify any users who, in its sole discretion, determines as being in violation of these Terms of Service. All decisions made by Seiya Online are final.
B) 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. Seiya Online 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.
C) Post or transmit sexually explicit images, or point or reference to such images. Seiya Online prohibits the transfer or posting of sexually explicit images or other content deemed offensive.
D) 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, the User may receive a warning, or be temporarily or permanently excluded from one or more games, bulletin boards, chat areas, or the User's usership may be terminated immediately and the User may be subject to civil liability and/or prosecution by law enforcement authorities.
E) 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.
F) Impersonate any person, including, but not limited to, Seiya Online's employees, monitors or hosts. User shall not hold him or her out or portray himself or herself as a Seiya Online staff user or employee while engaging in all forms of online communication, including, but not limited to, user names, user profiles, voice, text or graphic chat, message postings or any form of communication on line. Impersonation of Seiya Online staff shall be grounds for immediate account termination.
G) 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.
H) Post or transmit chain letters or pyramid marketing schemes. This 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.
I) Posting or transmitting unsolicited advertising, promotional materials, or other forms of solicitation. Seiya Online Services are not to be used to send unsolicited advertising, promotional material, or other forms of solicitation to other users. User may not use Seiya Online Services to collect or "harvest" user names without the express permission of those users. Seiya Online reserves the right to block and/or filter mass email solicitations on or through the service.
J) 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.
K) Violate, intentionally or unintentionally, any applicable local, state, national or international law or regulation.
L) Modify any files that Seiya Online 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 usership and possible civil and/or criminal liability.
M) Posting too many bulletin boards at once and/or sending multiple unsolicited emails to a single address, sometimes referred to as "spamming," is prohibited. Seiya Online 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 5 bulletin boards; (b) Sending unsolicited mail to more than 30 people or (c) Sending more than two (2) unsolicited emails to a single email 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, Seiya Online 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.
N) Engage in purchasing, selling, or exchanging in-game services, in-game virtual items such as Black Gold Coin, and item mall through unofficial third party sources for or with real-world money as well as communicating or facilitating any commercial advertisement, solicitation or offer through or within our games pertaining to transactions of this kind except when purchased from Seiya Online or otherwise expressly permitted by Seiya Online in its sole and absolute discretion.
13. INTERRUPTION OF SERVICE
A) Seiya Online 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.
B) You acknowledge that the Service may be interrupted for reasons beyond the control of Seiya Online, and Seiya Online cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. Seiya Online shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes beyond its reasonable control.
The failure of Seiya Online 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 the Terms of 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 on and remain in full force and effect.
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 1 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 the parties that the Terms of Agreement and all related documents have been drawn up in English.
Notices may be sent to you or you may send notices to Seiya Online via either e-mail or regular mail. The Service may also provide notification of any changes to the Terms of Agreement or other matters pertaining to the Service by displaying notices or links to notices generally on the Service.
Please report any violations of the Terms of Agreement to our compliance department using the support ticket system 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.