If you have any questions regarding these Terms of Service or any supplemental terms, please contact KJ Games' customer service by visiting the support section of the website located at cscenter.KJ Games.net/support. Some TwelveSky2 WSP require payment of a fee. You must have an Account and pay such fees to participate in these services.
Additional License Limitations.The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of TwelveSky2 WSP in violation of the License Limitations will be regarded as an infringement of KJ Games' copyrights in and to all aspects of TwelveSky2 WSP. You agree that you will not, under any circumstances:
Eligibility.TwelveSky2 WSP is available only to individuals eighteen (18) years of age and older. If you are between the ages of thirteen (13) and eighteen (18), your parent or guardian must complete the registration process, in which case the parent or guardian will take full responsibility for all obligations under these Terms of Service. By accessing TwelveSky2 WSP, you represent that you are at least eighteen (18) years of age and are either accepting these Terms of Service on behalf of yourself or on behalf of your child.
TwelveSky2 WSP are not directed to children under the age of thirteen (13). If you are under the age of thirteen (13) you may not create an Account and must not provide any personal information to KJ Games
Establishing an Account.An account ("Account") may be required to access and use TwelveSky2 WSP. If you have questions about Account registration, please contact us by visiting http://www.12sky2-ph.com/web/mypage/contact.aspx To create an Account, you must provide your name, date of birth, mailing address and valid email address. You must provide truthful and accurate information. Accounts are available only to adults, or in their discretion, their minor child. If you are a minor, your parent or guardian must complete the registration process, in which case your parent or guardian takes full responsibility for all obligations under these Terms of Service. Accounts will not be allowed for minors under thirteen (13) years of age, regardless of permission and/or registration by such minor's parent or guardian. Some TwelveSky2 WSP may require creation of a user name. User names are tied to your Account. You may not use a user name that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.
You are solely responsible for all activity on your Account. You should not reveal your Account password to others. KJ Games will not ask you to reveal your password, or ever initiate any contact with you asking for your password reminder words.
You may not transfer, sell, or share your Account with anyone, unless you are a parent or guardian, in which case you may permit one child to use the Account instead of yourself. You are liable for all activities conducted through the Account.
Account Suspension/Deletion.KJ Games may suspend, terminate, modify, or delete Accounts at any time for any reason or for no reason, with or without notice to you. For purposes of explanation and not limitation, an Account may be suspended, terminated and/or deleted as a result of violations of these Terms of Service.
You also have the right to cancel your Account or your subscription to TwelveSky2 WSP at any time. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with KJ Games, including any dispute related to, or arising out of:
Username and Password.During the registration process, you may be required to select a unique username and a password (collectively referred to as "Login Information"). You may not share the Account or the Login Information with anyone other than as expressly set forth herein. You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, whether or not authorized by you. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify KJ Games by emailing KJ [email protected]
Rules of Conduct.Character Names. Each user will select a character or guild name, as the case may be (a character or guild name may be assigned to you if you do not select one) (collectively, "Character Name"). When you choose a Character Name that can be seen by other players, you must abide by the following guidelines. If KJ Games finds a Character Name to be offensive or improper, it may, in its sole and absolute discretion, change the Character Name, remove the Character Name from all aspects of TwelveSky2 WSP, and/or suspend or terminate your use of TwelveSky2 WSP. In particular, you may not use the name of another person, or a name which violates a third party's trademark right, copyright, or other proprietary right. You may not use a name which may mislead other players to believe you to be an employee of KJ Games, or which KJ Games deems at its sole discretion to be vulgar or otherwise offensive. KJ Games reserves the right, in its sole and absolute discretion, to delete or alter any Character Name, terminate or suspend your Account, or terminate any license granted herein, for any reason whatsoever.
Rules of Conduct.When using any aspect of TwelveSky2 WSP, including engaging in any type of user interactions, including in game interactions, chat functions, forums and message boards, you agree not to:
In addition to the above, KJ Games prohibits any conduct or action that KJ Games, in its sole and absolute discretion, determines is contrary to the spirit of TwelveSky2 WSP or game play, and may terminate or suspend your Account, or take any other action that KJ Games deems appropriate in its sole and absolute discretion.
Changes to the Terms of Service.KJ Games reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms of Service at any time, including without limitation access policies, the availability of any feature of TwelveSky2 WSP, hours of availability, content, data, software or equipment needed to access TwelveSky2 WSP, effective with or without prior notice; provided, however, that material changes (as determined in KJ Games' sole and absolute discretion) will be disclosed to you through any of one or a combination of: a patch process, or by email, postal mail, website posting, pop-up screen, or in-game notice.
If you cannot comply with changes to these Terms of Service, or such changes are unacceptable to you, you must terminate, and immediately stop using TwelveSky2 WSP and your Account. Your continued use of TwelveSky2 WSP following any revision to these Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes. KJ Games may change, modify, suspend, or discontinue any aspect of TwelveSky2 WSP at any time. KJ Games may also impose limits on certain features or restrict your access to parts or all of TwelveSky2 WSP without notice or liability. If you do not agree to any new terms, or to any of the terms in these Terms of Service, your only remedy is to not use TwelveSky2 WSP and to cancel your Account or applicable subscriptions.
KJ GAMES MAY FIND IT NECESSARY TO MAKE CHANGES TO, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF TwelveSky2 WSP. THESE CHANGES OR ANY RESETS MAY NEGATIVELY AFFECT CHARACTERS OR GAMES OR GROUPS UNDER YOUR CONTROL. KJ GAMES RESERVES THE RIGHT TO MAKE THESE CHANGES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
Service Interruptions and Changes to TwelveSky2 WSP.KJ Games reserves the right to interrupt all or any aspect of TwelveSky2 WSP time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that KJ Games will not be liable for any interruption of TwelveSky2 WSP, delay or failure to perform resulting from any causes whatsoever. You acknowledge that TwelveSky2 WSP may be interrupted for reasons beyond the control of KJ Games, and KJ Games cannot guarantee that you will be able to access TwelveSky2 WSP or your Account whenever you may wish to do so. KJ Games shall not be liable for any interruption of TwelveSky2 WSP, delay or failure to perform resulting from any causes whatsoever. KJ Games has the right at any time for any reason or no reason to change and/or eliminate any aspect of TwelveSky2 WSP as it sees fit in its sole discretion. KJ Games shall not be obligated to refund any portion of any fees by reason of any interruption of TwelveSky2 WSP by reason of any of the circumstances described herein.
Termination.These Terms of Service are effective until terminated. You may terminate these Terms of Service by terminating your Account and deleting any and all KJ Games software from your computer. If your Account, or a particular subscription for TwelveSky2 WSP associated with your Account, is terminated by you or for breach of these Terms of Service, you agree that no refunds of any prepaid amounts will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or entitlements associated with your Account (such as game points, tokens or other digital items)
KJ Games may also terminate your Account (and access to all related entitlements) for violation of these Terms of Service, rules of conduct, or any supplemental agreements, or illegal or improper use of your Account, or illegal or improper use of TwelveSky2 WSP, products, or KJ Games's intellectual property. KJ Games may issue you a warning or immediately terminate any and all Accounts you have established. You acknowledge that KJ Games is not required to provide you notice before terminating your Account, but it may choose to do so. If KJ Games terminates your Account, you may not access any aspect of TwelveSky2 WSP again without KJ Games' express permission.
Notwithstanding the foregoing, KJ Games may, in its sole an absolute discretion, terminate these Terms of Service and your access to TwelveSky2 WSP with or without notice by terminating your Account as set forth in Section 6.
The provisions of Sections 4 (ownership), 5 (User Account), 10 (Virtual Items) and 14-21 shall survive any termination of these Terms of Service.
Warranty Disclaimer.TwelveSky2 WSP, INCLUDING GAMES, KJ GAMES SOFTWARE, ACCOUNT, AND ALL OTHER SERVICES ARE PROVIDED ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, KJ GAMES HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, KJ Games does not ensure continuous, error-free, secure or virus-free operation of TwelveSky2 WSP, any KJ Games software, game or Account, and you understand that you shall not be entitled to refunds for fees based on KJ Games' failure to provide any of the foregoing. Some states do not allow the disclaimer of implied warranties, and to the extent, the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Limitation of Liability.NEITHER KJ GAMES NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE TwelveSky2 WSP, ANY KJ GAMES SOFTWARE, OR GAME INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL KJ GAMES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
Force Majeure.KJ Games shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond KJ Games' 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.
Acknowledgments.You hereby acknowledge and agree that:
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND AGREE THAT MY USE OF TwelveSky2 WSP IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE.