1. Acceptance Of Terms
2. Description Of Service
- Vibrant provides users with access to a rich collection of resources, including various communications tools, video communities, shopping services, online games, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Vibrant to provide the Service. You also understand and agree that the Service may include certain communications from Vibrant, such as service announcements, administrative messages and the Vibrant Newsletter, and that these communications are considered part of Vibrant membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Vibrant properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Vibrant assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.Please be aware that Vibrant may in the future create certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas. Vibrant Communications Limited offers Supreme Destiny, Hero Civilization, SD Gundam as a free-based online role-playing games service accessible through our web site at http://games.vibrant3g.com. Vibrant Communications Limited reserves the right to change the URL address of the Web Site at any time and from time to time. To utilize the game service, you will need to install the software (for client based MMORPGs) which Vibrant Communications Limited will make available from the Web Site (the "Software"). Anyone wishing to use the Service must first establish an account with Vibrant Communications Limited (the "Account"). However Vibrant Communications Limited does not provide internet access and you are responsible for all fees associated with your internet connection. The Web Site http://games.vibrant3g.com located at India is a material part of the game service and any use of the website is governed by the same terms and conditions of this Agreement.
3. Your Registration Obligations
- a) In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Vibrant has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vibrant has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Vibrant is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 18 who wish to allow their children access to the Service must create a Vibrant Family Account. When you create a Vibrant Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Vibrant Family Account. By adding a child to your Vibrant Family Account, you also give your child permission to access many areas of the Service, including message boards and blogs (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content (as defined in Section 6 below) are appropriate for your child.
- b) Forum ID: You have the option to create a Forum ID for use on the official Forums in http://games.vibrant3g.com and associated websites. You may not select as your Forum ID 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 players to believe you to be an employee of Vibrant Communications Limited, or which Vibrant Communications Limited deems at its sole discretion to be vulgar or otherwise offensive. Vibrant Communications Limited reserves the right, in its sole discretion, to (1) delete or alter any Forum ID or (2) terminate any Forum ID granted herein, for any reason whatsoever, including without limitation any suspected or actual infringement of any trademark or trade name right, copyright, or other proprietary right. You have sole liability for all activities conducted under your Forum ID.
- c) Character Name (within the game service). To be able to use the service, you must create a character and choose a name for your character to identify your character from other Members (your "Character Name"). You may not select as your Character Name the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of Vibrant Communications Limited, or which Vibrant Communications Limited deems at its sole discretion to be vulgar or otherwise offensive. Vibrant Communications Limited reserves the right, in its sole discretion, to (1) delete or alter any Character Name or (2) terminate any license granted herein, for any reason whatsoever, including without limitation any suspected or actual infringement of any trademark or trade name right, copyright, or other proprietary right.
5. Member Account, Password and Security
- a) You will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Vibrant of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Vibrant cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
- b) Banned Members. Members whose Accounts have been terminated by Vibrant Communications Limited may not access to the Service in any manner or for any reason, including through any other Account, without the express written consent of Vibrant Communications Limited.
6. Member Conduct
- You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Vibrant, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Vibrant does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Vibrant be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
- You agree to not use the Service to:
- a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturesome, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- b. harm minors in any way;
- c. impersonate any person or entity, including, but not limited to, a Vibrant official, community forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that
- h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that Vibrant may or may not pre-screen Content, but that Vibrant and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Vibrant and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Vibrant or submitted to Vibrant, including without limitation information in Vibrant Service Messages and in all other parts of the Service.
You acknowledge, consent and agree that Vibrant may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Vibrant, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Vibrant and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. Interstate Nature Of Communications On Vibrant Network
- When you register with Vibrant, you acknowledge that in using Vibrant services to send electronic communications (including but not limited to email, search queries, SMS messages, uploading photos and files to Vibrant Communities, and other Internet activities), you will be causing communications to be sent through Vibrant's computer networks, portions of which are located in Bangalore, Karnataka, India and other locations in India and portions of which are located abroad. As a result, and also as a result of Vibrant's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
8. Special Admonitions For International Use
- Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. Content Submitted Or Made Available For Inclusion On The Service
Vibrant does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Vibrant the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of VibrantCommunities, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific VibrantCommunities to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Vibrant removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than VibrantCommunities, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Vibrant removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Vibrant Groups, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Vibrant to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by its Websites and these Terms of Service. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Vibrant all of the license rights granted herein.
"Publicly accessible" areas of the Service are those areas of the Vibrant network of properties that are intended by Vibrant to be available to the general public. By way of example, publicly accessible areas of the Service would include Vibrant Communities and blogs that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Vibrant Communities that are limited to members, Vibrant services intended for private communication such as Vibrant Connections, or areas off of the Vibrant network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Vibrant.
- You agree to indemnify and hold Vibrant and its subsidiaries, affiliates, officers, directors, share holders, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. No Resale Of Service
- You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Vibrant ID), use of the Service, or access to the Service.
12. General Practices Regarding Use of Service
a) You acknowledge that Vibrant may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the Service, the maximum number of email or SMS messages that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Vibrant's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Vibrant has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Vibrant reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Vibrant reserves the right to modify these general practices and limits from time to time.
b) Play Method. Vibrant Communications Limited has designed Supreme Destiny, Hero Civilization and Magnifica Aventura for play only as offered by Vibrant Communications Limited at the Web Site. You agree to play Supreme Destiny, Hero Civilization and Magnifica Aventura only as offered by Vibrant Communications Limited at the Web Site and not through any other means. You agree not to use any hardware or software, including but not limited to third party tools, or any other method of support which may in any way influence or advantage your use of the Service which is not authorized by Vibrant Communications Limited, including but not limited to the use of 'bots' and/or any other method by which the Service may be played automatically without human input. You further agree not to create or provide any other means through which our games may be played by others, as through server emulators.
c) Monitoring. YOU ACKNOWLEDGE THAT Vibrant Communications Limited MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH our games playing. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY "ADDON" OR "MOD," THAT IN Vibrant Communications Limited's SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE Games INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY Vibrant Communications Limited; OR (iii) INTERCEPTS, MINES, OR COLLECTS INFORMATION. IN THE EVENT THAT Vibrant Communications Limited DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, Vibrant Communications Limited MAY (a) COMMUNICATE INFORMATION BACK TO Vibrant Communications Limited, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
13. Modification To Service
a) Vibrant reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Vibrant shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
b) You acknowledge that the Service may be interrupted for reasons beyond the control of Vibrant Communications Limited, and Vibrant Communications Limited cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. Vibrant Communications Limited shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever.
14. Force Majeure
- Vibrant Communications Limited shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Vibrant Communications Limited, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Vibrant Communications Limited'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.
- You agree that Vibrant may, under certain circumstances and without prior notice, immediately terminate your Vibrant account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Vibrant account includes (a) removal of access to all offerings within the Service, including but not limited to VibrantConnections, VibrantCommunities, and VibrantCommerce (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Vibrant's sole discretion and that Vibrant shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
16. Dealings With Advertisers
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Vibrant shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
- The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Vibrant has no control over such sites and resources, you acknowledge and agree that Vibrant is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Vibrant 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 or reliance on any such Content, goods or services available on or through any such site or resource.
18. Vibrant's proprietary Rights
- You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") (including without limitation any accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, location, concepts, artwork, animations, sounds, musical composition, audio-visual effects, methods of operation, moral rights, any related documentation, transcript of forum, character profile information, recordings of our games played on the Service, and server software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Vibrant or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Vibrant grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer and a single mobile phone; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Vibrant for use in accessing the Service.
19. Disclaimer Of Warranties
You Expressly Understand And Agree That:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIBRANT encourages you to use our service as long as you abide by the Vibrant Terms of Service and Vibrant's prohibition on spamming and unethical marketing activities. The following are some examples of spamming that may violate the Terms of Service and Vibrant's Anti Spam Policy:
Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through Vibrant computer systems.
Relaying email from a third party's mail servers without the permission of that third party.
Using or causing to be used Vibrant computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.
Disrupting the normal flow of dialogue, or causing the screen to "scroll" faster than other users of the service are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real-time exchanges.
Certain Vibrant services may have additional spam guidelines explaining appropriate conduct for those services. Those additional policies are incorporated by reference into the Vibrant Anti Spam Policy. It is the user's responsibility to check each property's guidelines for additional details regarding spam.
Violations of our Terms of Service or this Anti Spam Policy may result in legal action against you and the termination, without notice, of your Vibrant3g account and/or anything associated with it, including, but not limited to, VibrantCommunities blogs and message boards. Nothing in this policy is intended to grant any right to transmit email to or through Vibrant computer systems. Vibrant does not waive any rights by the failure to enforce this policy in every instance in which it might apply.
NOTICE: Sending unsolicited email advertisements to or through Vibrant's computer systems will use or cause to be used Vibrant's servers located in Bangalore, Karnataka, India or in other locations. Any unauthorized use of Vibrant computer systems is a violation of the Vibrant Terms of Service, Anti Spam Policy, and certain federal and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
Please report violations of this Anti Spam Policy. Learn more about how to report spam.
a. VIBRANT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. VIBRANT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIBRANT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. Limitation Of Liability
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIBRANT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VIBRANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
21. Exclusions And Limitations
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
22. Special Admonition For Services Relating To Financial Matters
- If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 18 and 19 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Vibrant and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
23. No Third-Party Benificiaries
- You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
- Vibrant may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
25. Trademark Information
- The Vibrant, Vibrant Communications, Vibrant logo, Vibrant Communications logo, Vibrant (in Chinese characters), VibrantContent, VibrantCommunities, VibrantMarketing, VibrantMedia, VibrantSearch, VibrantConnections, VibrantCommerce, VibrantCodes, VibrantID, and VibrantBay trademarks and service marks and other Vibrant logos and product and service names are trademarks of Vibrant Communications Limited (the "Vibrant Marks"). Without Vibrant's prior permission, you agree not to display or use in any manner the Vibrant Marks.
26. Notice And Procedure For making Claims Of Copyright Or Intellectual Property Infringement
Vibrant respects the intellectual property of others, and we ask our users to do the same. Vibrant may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Vibrant's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Vibrant's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent, c/o Vibrant Communications Limited Room 1401, 14/F., World Commerce Centre, Harbour City, 7-11 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong
By phone: (206) 381-2253
By fax: (206) 381-2253
By email: email@example.com
27. General Information
- Entire Agreement. The TOS constitutes the entire agreement between you and Vibrant and governs your use of the Service, superseding any prior agreements between you and Vibrant with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Vibrant services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The TOS and the relationship between you and Vibrant shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Vibrant agree to submit to the personal and exclusive jurisdiction of the courts located within the county of King County, Washington. Waiver and Severability of Terms. The failure of Vibrant to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your Vibrant account is non-transferable and any rights to your Vibrant ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
- Please report any violations of the TOS to our Customer Care group.
GAME MANAGEMENT POLICY
1. General Regulations
The rules and policies are published by Vibrant Communications Ltd. It also includes regulations about users' duty to help other gamers to enjoy the game
The Game Policy is subject to revision by the Game operations team. In the case of any changes to the policy, announcement of such changes will be posted in advance as a homepage notice by the Game operations team
The company's management presents an operation policy that offers the best method in problem solving and is always on the lookout for better solutions and proposals. Possessing an open-minded attitude, we carefully listen to the opinions of our valued customers
2. Duty and Right of Customer
- 2-1 Duty of Customer Customers must follow and understand the terms and conditions as well as the operations policy of the company to maintain order and balance inside the game
- 2-2 Right of Customer When a customer is treated unjustly inside the game or experiences other game-related problems, the customer can go to the homepage and click customer support menu or the customer support center consultation a) Homepage Consultation In the customer support menu of the official homepage of respective game, the GM (Game Master, Operators) will be more than happy to be of service. The customer service will be available 365 days throughout the year, so the request or assistance needed by the customer can be answered as quickly as possible. There will be times that a delay in processing will occur because of several unforeseen factors. As such, we're hoping for your understanding.
- 2-3 Conditions and Operation Regulations The customers should inform the management of any violations in conditions and operation policy committed by other customers. The management will accept all valid evidences submitted by the customers.
- 2-4 Cooperation with Game Master (GM) Everyone must respond as quickly as possible when the GM or operators are requesting for cooperation whether from inside the game or at the homepage.
3. Role of Game Master (GM)
3-1 Role of GM
a) The GM's role is to give the customers a fun environment and to ensure a comfortable and enjoyable gaming experience.
The gaming conditions are multifaceted and unpredictable because the customers have different cultures and emotional backgrounds which they bring to the game. Conflicts happen because of these differences in culture. Consequently, the GMs can serve as an enforcer to solve the problem but they must make sure not to hinder the freedom of the gamers.
b) The order by which the GMs will provide service is according to pre-determined guidelines which also include the customer support process. All customers will be treated fairly, and the GMs will promote equality and fair play to all.
The GMs will investigate thoroughly all forms of bugs and bug abusers. Anyone caught abusing system bugs will be sanctioned accordingly as stated in the conditions and operations policy of the game.
3-2 Consultation Time
The GMs will always be available to help customers that require assistance. Be sure that you are talking to official Game GM's to avoid further damage to your accounts.
a) Consultation inside the game
GM characters can easily be distinguished because of the items they wear. When a customer has inquiries or questions, just approach the GMs. Make sure you are asking relevant questions or inquiries.
* Game GMs character is different from the rest of the characters. E.g. GM SD
* In the case that the item or character does not exist in the game
* In the case that some function is not available for use by the gamers.
b) Consultation through email
You can send any questions or inquiries through 'firstname.lastname@example.org'.
c) Other Matters
* GM Impersonation
GMs will not ask for the personal information and account information of the customer. Anyone caught in the act of impersonating a GM and has caused damage or uses the "GM" account for hacking will be given a heavy sanction or even character deletion. Accomplices can also be sanctioned depending on the extent of their participation.
* Interfering with the work of GMs
Often times, some customers will keep on repeating the same questions even though the investigation is already complete. They will also accuse the management of not doing anything about their inquiries. When the investigation has ended and a decision has already been made, it can't be undone or reversed. Interfering with the work of a GM can be a basis for a corresponding punishment.
* Ignoring a GM request or command
Whenever a GM is requesting for your presence, always try to follow his/her orders. The GM needs cooperation from the customers whenever they request for the presence of gamers.
* Deceiving GMs by telling false information
The GM team is always giving their best in providing assistance to all the customers' queries. Never submit false information for personal profit. False information affects the accuracy and slows the investigation of the reports submitted.
* Cursing or secret trades
The GMs will always be patrolling the game, mostly in invisible mode. Gamers should always remember not to use languages that are inappropriate and unethical while talking to a GM. This also applies to the web forums. The use of vulgar and inappropriate language will be subject to punishments.
3-3 GMs In-game Participation
GMs are not allowed to PK inside the game. They are only allowed to PK if there's an event or in some cases, to kill a suspected character. GMs are also not allowed to participate in a party or guild.
4. Data Analysis Policy
All items and characters inside the games are data that are stored inside the server of the company that operates it. The company can provide data to customers upon proper request. The corresponding data that the customer requested can only be processed if the customer agreed to the terms set by the company which is protected from copyright law.
When a user is complaining about the ownership of a disputed account, a thorough investigation will be undertaken. Once the investigation is complete, some form of compensation will be given to the affected user.
In case the paid service received an error response that will lose its commercial value, the GM team will thoroughly investigate if the corresponding condition is subject for compensation. However, this error rarely occurs.
Without any errors, the company will give compensation if he/she is proven innocent in the investigation
Item disappearing due to technical errors will be noted by the GMs. The GMs will gladly help those who were affected by this technical glitch.
Problems users might experience in game:
a) While purchasing items, you will sometimes notice that the price is not the same as the amount of gold deducted from your inventory.
b) Items sold and purchased in the shop
c) The user buys an item online but it is not delivered to his/her storage.
d) The storage is full and the user drops the item on the ground and it suddenly disappears.
e) The account has a joint account when the damage occurred
f) It used an illegal program that damages the integrity of the game
g) Deleting a character for personal profit (Character deletion which might be caused by hacking)
h) Some gamers may lose their items after failing to log out before maintenance
The character and item information of the customer cannot be obtained without hacking/infringing/bypassing the server.
5. System and bug abuse
Some customer abuses bug or system problem inside the game. This bug or system problem destroys the integrity of the game. Customers who get caught in the act of abusing these bugs will be sanctioned accordingly. When a bug is discovered, kindly inform the GMs immediately so that they can initiate a quick and accurate investigation of the said bugs
The operation teams will be monitoring and guarding the game against system and bug abuse. It is their duty to control it appropriately and fairly.
a) Disables the account and delete the date of related data to the game
* An act pertaining to users trying to abuse these errors
* An act where users gain profit by abusing the system or bug errors
b) Disable account
* The act of intentionally distributing inappropriate things, system and program bugs and other errors.
c) Deletion of related Data
* Unintentionally using illegal things, system and program bugs or errors that were not previously reported.
6. Accounts Security
It is important for the service provider to safeguard the accounts of their customers. Game accounts basically have all the personal information of the customers. It's not guaranteed that this information will not be leaked or spread in other sites that could cause damage to the customers. We urge our customers to install anti-hacking or anti-virus programs to prevent malicious programs from entering your PCs. We also advice everyone to regularly change passwords to protect ones own personal information
Users must register personal information to create their accounts. Anyone caught using other people's personal information in creating accounts can be subject to a corresponding punishment.
The GMs are not responsible if a joint account encounters a problem in transactions that involves cash/items. The company cannot provide support or take responsibility for the damage received by customers with joint accounts.
In case that a user is suspected of copying personal information from other accounts, the customer support menu is always available to provide service as quickly as possible
7. Hack Cases
- Always remember that your account is your responsibility. You must be responsible enough to protect your account against such hack cases. Please read the Hack Prevention section and familiarize yourself with the different methods of hacking.
- 7-1 Hacking
a) Joint ownership of accounts
As a means to quickly level a character, users create a joint account. The other person may suddenly change the password of the account after he/she has deleted a character. Things become more complicated when having a joint account because you don't have the sole ownership of the account.
b) Exchanging of Accounts
After users inside the game have exchanged other people's accounts, and in case the motive of the exchange was hacking, the accounts used will be disconnected instantly after being verified of hacking. Sometimes these hackers assume a false name. GMs have the access to find out the information of accounts and all transactions that occur. The users must keep in mind that GMs don't ask for customers' account information.
c) Exposure of Password
Be responsible in protecting your password. Never share your passwords to your friends, relatives and others. Account Information must always be kept confidential.
Revealing your password might lead to hacking items and characters lost. You must always pay attention to anyone that might hack your accounts; so be extra careful and vigilant.
d) Hacking Tool
A lot of hacking programs have sprouted in the net. These devices will enter your PC discreetly and these hacking tools can be obtained by visiting certain sites with viruses. When your PC has a weak security and anti-virus system, the hacking program will enter and embed itself in your Active X. Once established, the one who sent you that hacking tool will be able to see your personal information and passwords in your PC.
- 7-2 Hack Prevention
a) One should not use his/her personal information as password. It is advisable to frequently change your password by using a combination of letters and numbers.
b) Be careful when reading mails with suspicious attachment. Sometimes these attachments contain files that may harm your PC. Avoid malicious sites that may contain viruses or hacking programs. These programs store ID and any passwords you enter in your computer. You must always be careful in guarding your passwords so that it will not be exposed
c) Regularly run your anti-virus program. You should also regularly update your virus list to catch up with the new viruses sprouting up. You can also install adware to prevent spywares that may harm your computer. It's not advisable to enter suspicious sites without using these programs.
- 7-3 Hacking Compensation
a) The users will only be given 1 week to report their hack cases. Reports of hacking after the 1 week grace period will not be entertained.
b) Returning the exact characteristics/attributes of the items hacked is impossible. Other compensation will be implemented (The GMs will be the one who will give compensation)
c) If the investigation on a hacked account is proven false, or has not met the condition of the operations policy, the company won't give any compensation to the customer.
d) The hacked item will be deleted so that there will be no possibility of it being used again.
"Scamming" is a term used for intentionally deceiving another character/user for personal profit. This act violates fair play and violates the game's operation policies and laws. Anyone caught scamming will be sanctioned accordingly.
When trading items with other users, be careful of those users that will place gold amounts lower than the required amount. Always be vigilant and careful when trading with others
Anyone caught impersonating a specific character or GM for personal profit will be sanctioned accordingly
Placing an incorrect price in the Auto Trade name that's different from the actual price to deceive other players and selling different items from the actual items in the auto trade will be regarded as "scamming" by GMs
GMs are advising everyone to be extra careful in all transactions to prevent incidents of scamming
9. Abusive User/Watch list
The account is considered part of the watch list when, at the game or in the website, the user utters curses to others/violates rules of conduct or destroys the credibility of the game by abusing system bugs.
Above all, customers must create a game culture that is healthy and enjoyable to all. Customers, who destroy the gaming environment as whole or part of a group, will be given a corresponding penalty.
The GM team will decide whether the account is considered part of the watch list.
a) The GM will be looking at the personal information of the user like Nationality, Religion, Country, Location, Sex and educational background while investigating the reason behind unacceptable conducts like cursing or insulting other people
b) Anyone will be able to continue to play the game by simply following the rules of conduct of the game.
c) GM or any one related to them that assumes a false name and causes damage to others
d) Selling gold/items to other accounts
e) Using macro programs that destroys the credibility of the game
f) Playing the game for the purpose of selling items for real cash
g) Abusing of system/bug, using hack client programs and the use of other hacking programs
h) Character names that contains words or ideas inappropriate for the game
i) Spreading rumors about the company that damages the credibility of the company
10. Customer Service Policy
The GMs main objective is to provide customer satisfaction. The GMs mission is to create a game environment that is fun, enjoyable and hassle-free. We provide real-time solutions for the inquiries of users. We make sure we listen to all opinions and suggestions of our valued customers. When there is a problem in-game, the GMs will take the users to a certain place to converse about the problem. We believe that providing excellent service is essential for attaining customer satisfaction.
The GMs will be the one who will supervise all game violation of users in relation to the condition and operation of the company. We will be responsible for all users' records and server information. We will strictly abide by the operations policy established by the company.
Using dupe items can lead to a grave punishment.
These are the list of violations that could destroy the credibility of the game. The judgment of the GMs will be used for applying the laws and corresponding penalties.
List of Offense First Offense Second Offense Third Offense Cursing/Illegal Trades/Insulting others Light Temporary Ban Permanent Ban Harassing other players Light Temporary Ban Permanent Ban Use of Third Party Programs Light Temporary Ban Permanent Ban Using improper words or insulting other people in the website Warning or Chat Ban Temporary Ban Permanent Ban Using offensive language in game or at website Warning or Chat Ban Temporary Ban Permanent Ban System/bug abuse Temporary ban Temporary Ban Selling Items or Accounts for real cash Temporary ban Temporary Ban False reporting Temporary ban Temporary Ban Unfair acting Temporary ban Temporary Ban Impersonating a GM thru chat Temporary ban Temporary Ban Disrupting a GM operation by cursing or insulting them Temporary ban Temporary Ban Scamming Temporary ban Temporary Ban Hacking into another's account Temporary ban Temporary Ban Using Client Hack Program Permanent Ban Shouting/Posting Hack Sites Permanent Ban Impersonating a GM Permanent Ban Using dupe programs Permanent Ban Credit Card Fraud Permanent Ban Spreading rumors that may harm the company Permanent Ban