IGrant of a limited license to use the Service
Subject to your agreement and continuing compliance with these Terms of Service, ATAYEN is granting you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
You shall not access the Service if you are under the age of 13; you shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors.
You shall use the Service only for non-commercial purposes; you shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
Any use of the Service in violation of these License limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any ATAYEN game or any ATAYEN game experience;
Modify or cause to be modified any files that are a part of the Service or any ATAYEN game without ATAYEN’s express written consent;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any ATAYEN game, or to obtain any information from the Service or any ATAYEN game using any method not expressly permitted by ATAYEN;
Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users’ experience when using the Service or playing ATAYEN’s games;
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any ATAYEN game environment;
Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis;
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including ATAYEN employees or representatives;
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a ATAYEN employee;
Collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
ATAYEN reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of these Terms of Service. ATAYEN reserves the right to take actions as a result, which may include prohibiting you from using the Service in whole or in part.
ACCESSING THE SERVICE
You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Service. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Service.
There may be times when our Service or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
SUSPENSION & TERMINATION OF THE SERVICE
Without limiting any other remedies, ATAYEN may limit, suspend, terminate, modify, or delete access to the Service or portions thereof if you are, or ATAYEN suspects that you are, failing to comply with any of these Terms of Service or for any actual or suspected illegal or improper use of the Service, with or without notice to you. You can lose your user name and persona in the Service as a result termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the Service, and ATAYEN is under no obligation to compensate you for any such losses or results.
ATAYEN reserves the right to stop offering and/or supporting the Service or a game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, ATAYEN shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service.
Games and service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, audio-visual effects, methods of operation, moral rights, documentation, character profile information, and the ATAYEN game clients and server software) are owned by ATAYEN. ATAYEN reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
ATAYEN owns, has licensed, or otherwise has rights to use all the content that appears in the Service or in ATAYEN games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any ATAYEN game, whether earned in a game or purchased from ATAYEN.
Submission of User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a ATAYEN game client or the Service, or that other users upload or transmit. By submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is:
ATAYEN assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications when you are using the Service.
By entering these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content.
ATAYEN reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time ATAYEN chooses, in its sole discretion, to monitor the Service, ATAYEN nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
Responsible for your own content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. ATAYEN may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of ATAYEN violates these Terms of Service.
Your license to ATAYEN
You hereby grant to ATAYEN an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to ATAYEN the right to authorize others to exercise any of the rights granted to ATAYEN under these Terms of Service. You further hereby grant to ATAYEN the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. ATAYEN does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. ATAYEN has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. ATAYEN reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with ATAYEN to investigate any suspected unlawful, fraudulent or improper activity.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, employees or representatives) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
FEES & PURCHASE TERMS
In the Service you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use:
ATAYEN may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. ATAYEN shall have no liability to you or any third party in the event that ATAYEN exercises any such rights. The transfer of Virtual Items is prohibited . You shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to ATAYEN, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in ATAYEN games is a service provided by ATAYEN that commences immediately upon acceptance of your purchase by ATAYEN, or by third party payments providers as the case may be. If you do not connect your game play on a device to a Facebook account, we will not be able to restore any Virtual items or other data associated with your game play to a different device if you lose that device or it is damaged. Accordingly, on a device which is not connected in this way:
The data associated with Virtual Goods, whether purchased by you using Virtual Currency or otherwise credited or awarded to you, is stored locally on your device and is not necessarily synced between different devices even if you have connected your game play on a device to a Facebook account. Accordingly, any risk of loss of this data is transferred to you :
Payment of fees
You agree to pay all fees and applicable taxes incurred by you or anyone using the Service. ATAYEN may revise the pricing for the Virtual Items offered through the Service at any time.
YOU ACKNOWLEDGE THAT ATAYEN IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS.
UPDATES TO THE SERVICE
You understand that the Service is an evolving one. ATAYEN may require that you accept updates to the Service and to ATAYEN’s games you have installed on your device or computer. You acknowledge and agree that ATAYEN may update the Service and ATAYEN games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play ATAYEN games.
DISCLAIMER OF WARRANTIES
WITHOUT LIMITING ATAYEN’S LIABILITY UNDER SECTION “LIMITATION OF LIABILITY & INDEMNIFICATION” BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
ATAYEN DOES NOT WARRANT:
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
LIMITATION OF LIABILITY & INDEMNIFICATION
To the maximum extent permitted by law, ATAYEN shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms of Service or the Service itself, whether based on contract, tort or any other legal theory, and whether or not ATAYEN has been advised of the possibility of such damages. To the extent not prohibited by law, ATAYEN shall not be liable to you for more than the amount you have paid to ATAYEN in accordance with these terms of service in the three (3) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to ATAYEN during such time period, your sole remedy (and ATAYEN’s exclusive liability) for any dispute with ATAYEN is to stop using the Service.
Nothing in these Terms of Service shall affect the statutory rights of any consumer or exclude or restrict any liability resulting from gross negligence or willful misconduct of ATAYEN or for death or personal injury arising from any negligence or fraud of ATAYEN.
You agree to indemnify, defend and hold ATAYEN (and our officers, directors, agents, subsidiaries, employees or representatives) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
DISPUTE RESOLUTION & LAW
If a dispute arises between you and ATAYEN, we strongly encourage you to first contact us directly to seek a resolution by going sending an e-mail to firstname.lastname@example.org.
All disputes between you and ATAYEN shall be governed by the laws of Delaware USA, without regard to conflict of law provisions. You agree that any claim or dispute you may have against ATAYEN must be resolved exclusively by a court located in Newark, Delaware USA.
ATAYEN may publish additional policies related to specific services. Your right to use such services is subject to those specific policies and these Terms of Service.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by ATAYEN shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of ATAYEN.
2915 Ogletown Road, #2178
Newark, DE 19713
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
You acknowledge that the rights granted and obligations made under these Terms of Service to ATAYEN are of a unique and irreplaceable nature, the loss of which shall irreparably harm ATAYEN and which cannot be replaced by monetary damages alone so that ATAYEN shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any ATAYEN game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section “Limitation of Liability & Indemnification”.
ATAYEN shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of ATAYEN, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond ATAYEN’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.