FIFTH COLUMN GAMES INC. TERMS OF SERVICE
Accepting the terms
Fifth Column reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Any such change or modification will be effective immediately upon posting on the Service, and your continued use of the Service after any changes or modifications to these Terms are posted will constitute your acceptance of, and agreement to, such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service.
Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service, Fifth Column grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in to access and use the Service using a Fifth Column supported web browser or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
You understand that while at times you may “earn” "buy" or "purchase" (a) virtual benefits, including but not limited to virtual cash, tokens, or points, all for use in the Service; or (b) virtual in-game items (together with virtual currency, "Virtual Items"); these real world terms are only being used as shorthand. You do not in fact "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Service, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms of Service is a completed transaction upon receipt of your direct payment or redemption of a Fifth Column game card or a third party virtual currencylike one provided by any SNS. . Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
Code of Conduct
While using the Service you agree to follow our community standards set forth below (the "Community Standards"), and agree not to:
- create a false identity or impersonate any person, including without limitation, identities falsely indicating that you are an Fifth Column employee, official or representative, message board moderator, guide, another user or host or that you are a celebrity or public figure;
- create any posts, user names, or subject lines containing profanity, sexually graphic or offensive language, including any uses of characters such as \@#$% to replace letters in words which would be profane, sexually graphic or offensive if the characters were replaced with commonly used letters of any language;
- post or transmit any content or message that is false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, inciteful, racist, sexist or otherwise objectionable;
- engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive, inciteful or otherwise objectionable behavior; all such behavior may be reported to the appropriate police or regulatory authorities;
- use any of the Service for any unlawful purpose or in any manner not intended by Fifth Column or as contemplated in the Terms or on any Website;
- suggest, illicit or encourage any illegal activity;
- submit content, materials or Submissions that are subject to intellectual property protection, including without limitation, copyright, trademark or patent rights, or otherwise subject to third party proprietary rights, including without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the owner of such rights to post said content, material or Submission and to grant us all of the license rights necessary to transmit or maintain such content, material or submission on or through the Service;
- transmit: (a) any content or information that infringes Fifth Column's or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the express authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, junk mail, SPAM, investment opportunities or other unsolicited or unauthorized commercial or promotional content, materials, SPAM or communication (except as otherwise expressly permitted in writing by Fifth Column);
- institute an attack upon any server used in connection with the Service or any portion thereof or otherwise attempt to disrupt such servers, including without limitation, by hacking into such servers or any applications hosted thereon;
- restrict or inhibit any other user from using and enjoying the Service, including without limitation, by disrupting the flow of Forums with vulgar or obscene language, abusiveness, bullying, griefing, "spamming" or "flooding" (continuous posting repetitive text);
- use any robot, spider, scraper or other automated means to access the Service for any purpose without Fifth Column's express prior written permission;
- transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Service;
- "frame" or "mirror" any part of the Service without our prior written authorization;
- transmit, post or otherwise make available any material or Submissions regarding hacking, cracking, exploiting or otherwise making use of the Service, including without limitation, how to falsify Site Items or Virtual Currency balances, in any manner;
- attempt to obtain passwords, other account information or any other private information from any other user of the Service, including without limitation, the collection personal information about others, such as email addresses or geo-locations;
- harvest or collect information about users of the Service without their express consent; or
- assist or permit any persons in engaging in any of the activities described in this listing.
While using the Service, you agree to comply with these and all Community Standards, as well as all applicable laws, rules and regulations. Fifth Column has the sole discretion to delete, suspend, terminate or close your user account, with or without prior notification to you, for any violation of the Community Standards.
All rights, title and interest in and to all materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, collectively referred to as the "Service Materials", are, as between Fifth Column and you, owned by Fifth Column and/or its third party licensors.
You acknowledge and agree that the Service Materials are protected by law from unauthorized use under the United States copyright laws and/or similar laws of other jurisdictions.
You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials without Fifth Column's express prior written permission. All other uses of copyrighted material, including any derivative use, require express prior written permission from Fifth Column. Any reproduction or redistribution of Service Materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any Service Materials posted on the Service by Fifth Column, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by Fifth Column and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.
From time to time, during your use of the Service, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (collectively, the "Advertisers"). All such communication, interaction and participation is between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
Purchases from Social Media Service (“SNS”)
You may purchase virtual, in-game currency or credits from a SNS or other means of accessing the Service in exchange for "real money." This is a transaction between you and the SNS and Fifth Column is not a party. If you purchase SNS credits, you are agreeing to that particular SNS’s terms relating to payment and credits. Fifth Column is not responsible for any issues related to the services provided by any SNS or other means of accessing the Service to you in connection with the purchase of credits. Once you have completed your purchase of credits from a SNS or other means of accessing the Service you may redeem them for virtual goods offered in our games available on the different SNS or other platforms. You understand that the use of credits does not entitle you to any right or title in the Virtual Goods.
You may terminate your account at any time and for any reason by sending an email to [email protected] Fifth Column may terminate your account and your access to the Service (or, at Fifth Column's sole option, applicable portions of the Service) at any time and for any reason. Fifth Column is not required to provide you with any notice or warning prior to any such termination. You may, as the result of termination, lose your account and all information and data associated therewith, including without limitation your Virtual Currency and Virtual Goods, as applicable and Fifth Column is under no obligation to compensate you for any such loss.
Waivers of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE FIFTH COLUMN PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT FIFTH COLUMN IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD FIFTH COLUMN LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL WEBSITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL WEBSITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL FIFTH COLUMN BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID FIFTH COLUMN IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID FIFTH COLUMN ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FIFTH COLUMN IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF FIFTH COLUMN.
You agree to indemnify and hold the Fifth Column Games Inc., harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any Third Party Agreement; or (iv) any of Your Content or information in your Account or any other information you post or share on or through the Service. As used in this section, you shall include anyone accessing the Service using your password.
You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. Fifth Column hereby disclaims any and all liability to you or any third party relating to your use of the Service. Fifth Column reserves the right, but has no obligation, to manage disputes between you and other users of the Service.
By visiting or using the Service, you agree that the laws of the United States and the State of California, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Fifth Column. Any claim or dispute between you and Fifth Column that arises in whole or in part from these Terms or your use of the Service shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of San Francisco County, California.
You acknowledge that the rights granted and obligations made to Fifth Column under these Terms are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to Fifth Column for which remedies at law are inadequate. Fifth Column shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Service, and all charges related thereto.
These Terms constitute the entire agreement between you and Fifth Column with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by Fifth Column. The failure of Fifth Column to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms 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 these Terms shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. These Terms may not be assigned by you without Fifth Column's prior written consent, but are freely assignable by Fifth Column. The section headings used herein are for convenience only and shall not be given any legal import. Upon Fifth Column's request, you will furnish Fifth Column with any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against Fifth Column by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
You agree that the provisions of these Terms that by their nature should survive termination will survive any termination of these Terms.
Fifth Column shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Fifth Column, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Fifth Column’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.