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Gaijin Online Terms of Use ATTENTION, NOTICE TO USER: THIS IS AN AGREEMENT GOVERNING YOUR RELATIONSHIP WITH GAIJIN ENTERTAINMENT LLP AND IT'S OPERATING PARTNERS ("GAIJIN") AND USE OF GAIJIN'S SERVICES (AS SUCH TERM DEFINED BELOW) AVAILABLE ON WARTHUNDER.RU, WARTHUNDER.COM, STARCONFLICT.RU, STARCONFLICTGAME.COM, ONLINE.GAIJIN.RU, ONLINE.GAIJINENT.COM ("SITE") AND GAIJIN'S DOMAINS INCLUDED WITHIN THIS SITE PROVIDED TO YOU BY GAIJIN. YOU MAY USE THIS SITE AND/OR THE SERVICES ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE AND SERVICES. USING THIS SITE AND/OR SERVICES INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS OF USE"), DO NOT USE THIS SITE AND/OR SERVICE. BEFORE YOU USE ANY SERVICES ON SITE OR PUT A CHECKMARK AT THE "I ACCEPT THE AGREEMENT" BUTTON AND PRESS "NEXT," PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS TERMS OF USE, AS SUCH ACTIONS ARE A SYMBOL OF YOUR SIGNATURE AND BY CLICKING ON THE "I ACCEPT THE AGREEMENT" AND "NEXT" BUTTONS, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS TERMS OF USE AND AGREE THAT THESE TERMS OF USE ARE ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE TERMS OF USE, CLICK THE "CANCEL" BUTTON AND YOU WILL NOT BECOME A PARTY TO THESE TERMS OF USE. You may receive a copy of these Terms of Use by contacting Gaijin at: Acceptance of Terms of Use Gaijin makes this Site including all information, graphics, documents, text, products and all other elements of the Site and all products offered on this Site and service operated through the Site ("Service"), available for your use subject to the terms and conditions set forth in this document. By accessing and using this Site, use of any Gaijin's Service available through this Site you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Site and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this Site and/or Service. If you do not agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Site, then you should NOT use the part of the Site, which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions. The following restrictions and conditions apply to the use of Service and creating and maintaining the Account (as such term defined below): a. You shall not create an account in connection with the Site and/or Service (an "Account"), or access Service if you are under the age of 13; b. You shall monitor your Account to restrict use by minors, and you shall deny access to children under the age of 13. You accept full responsibility for any unauthorized use of Service by minors in connection with your Account. You are solely responsible for any use of your credit card or other payment instrument (e.g. PayPal and Facebook Credits) by minors; с. You shall not create an Account or use Service if you are a convicted sex offender; d. You shall not have an Account or use Service if you have previously been removed by Gaijin or previously have been banned from playing any Gaijin's games; f. You shall use your Account only for non-commercial purposes; g. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other user or third party; h. You shall not use your Account to engage in any illegal conduct; i. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without Gaijin's written permission; and j. You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Gaijin's consent. These Terms of Use may be amended by Gaijin upon notice given by one or more of the following means: through the Site at or after you login to your Account, by the email communication to the address provided by you when you setup your Account, or by written mail communication to the address on record for your Account. Failure to provide or maintain accurate or current contact information by you will not avail you from responsibility to comply with these Terms of Use as amended from time to time. Please check the Terms of Use published on this Site regularly to ensure that you are aware of all terms governing your use of this Site. In addition, specific terms and conditions may apply to specific content, products, materials, Service or information contained on or available through this Site (the "Content") or transactions concluded through this Site. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use. Gaijin reserves the right to make changes or updates with respect to or in the Content of the Site or the format thereof at any time without notice. Gaijin reserves the right to terminate or restrict your access to the Site for any reason whatsoever at its sole discretion. Description of Service Through use of your personal computer or other electronic devices ("Device") and this Site you may play Gaijin's game and use related services available on the Site ("Service"). Account Information When creating or updating your Account, you may be required to provide Gaijin with your e-mail address, nickname, and password, as well as possible other certain personal information, including but not limited to your name, birth date, gender, mailing addresses, location. This information will be held and used in accordance with Gaijin Privacy Policy You agree that you will supply accurate and complete information to Gaijin, and that you will update such information promptly. You hereby acknowledge and agree that your nickname, user number, name and profile picture may be publicly available to other users and some search engines may index your name and profile image. During the Account setup process, you may be required to select a specific e-mail/nickname and password ("Login Information"). The following rules govern the security of your Login Information: a. You shall not share the Account or the Login Information with any third party, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account; b. In the event 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 Gaijin and modify your Login Information; c. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and d. You are solely responsible for any unauthorized use of your Account. Gaijin reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that your username violates such third party's rights. Warranties and disclaimers Although care has been taken to ensure the accuracy of the information on this Site, Gaijin assumes no responsibility therefor. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." GAIJIN HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS SITE OR THE CONTENT. GAIJIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS SITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. GAIJIN DOES NOT WARRANT THAT THE SITE OR THE SERVERS WHICH MAKE THIS SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY GAIJIN ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except agreed by Gaijin in writing, contractors, agents, dealers or distributors of Gaijin or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties. The use of the Service through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your Device, loss of data, or other harm that results from such activities. Gaijin assumes no liability for any computer virus or other similar software code that is downloaded to your Device from the Site or in connection with any Service or products offered through the Site. No advice or information whether oral or written, obtained by you from Gaijin or from the Site shall create any warranty not expressly stated in the terms of use. The Site may contain references to specific Gaijin games and Service that may not be (readily) available in a particular country or region. Any such reference does not imply or warrant that any such products or Service shall be available at any time in any particular country or Device. IN NO EVENT SHALL GAIJIN OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE OR THE CONTENT, PRODUCTS, SERVICE, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS SITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF GAIJIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST GAIJIN PERTAINING TO OR IN CONNECTION WITH THIS SITE MUST BE COMMENCED AND NOTIFIED TO GAIJIN IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW OR LIMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO ALL CIRCUMSTANCES. Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you. Limitations Any use of the Service in violation of these Terms of Use is strictly prohibited and can result in the immediate termination of the Service and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY GAIJIN GAME OR THE SITE IS A VIOLATION OF GAIJIN POLICY AND MAY BE A VIOLATION OF APPLICABLE LAWS. You agree that you will not, under any circumstances: a. Engage in any act that Gaijin deems in its reasonable discretion to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms of Use, our game rules, game mechanics or policies; b. Make improper use of Gaijin's Services, including, without limitation, by submitting false abuse reports or using profane and abusive language in your communications with our personnel; or c. Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation; d. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any Gaijin game experience; e. Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service or any Gaijin game experience; f. Without Gaijin's express written consent, modify or cause to be modified any files that are a part of the Service; g. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service, Site or any Gaijin game environment (each a "Server"); or (2) the enjoyment of the Service or any Gaijin game by any other person; h. 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; or i. Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Gaijin, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service; j. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, including, without limitation, symbols of Nazism such as swastika or any other insignia associated with Nazi party or any other promotion of Nazi ideology; k. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content; l. 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 Gaijin employee; m. Use the Service or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Items for sale; n. Use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service; or o. Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items; p. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Use; r. Use any unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Gaijin game characters, elements, or environment. Gaijin may, at its sole and absolute discretion, allow or prohibit the use of certain third party user interfaces; s. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device; t. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; u. Bypass any robot exclusion headers or other measures Gaijin employs to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data; v. Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by Gaijin; w. Except where permitted by law or relevant open source licenses, 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 to obtain any information from the Service using any method not expressly permitted by Gaijin; or x. Copy, modify or distribute rights or content from any Site or game, or Gaijin's copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Use; y. Solicit or attempt to solicit personal information from other users of the Service; z. Collect, harvest 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; or aa. Upload or transmit or attempt to upload or transmit, without Gaijin's express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware" "passive collection mechanisms" or "pcms"). Term and Termination The term of this Terms of Use ("Term") shall begin when you start using this Site and/or Service and shall continue in perpetuity unless otherwise terminated by Gaijin by notice. Gaijin expressly reserves the right to change, suspend or discontinue all the Service or portion thereof, at any time, and may terminate your use of the Service at any time. Without prejudice to any other rights, these Terms of Use will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Use, you must immediately cease using the Service including without limitation any use of Gaijin's trademarks, trade names, copyrights and other intellectual property. WITHOUT LIMITING ANY OTHER REMEDIES, GAIJIN MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR GAIJIN REASONABLY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THIS TERMS OF USE 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/AVATAR AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND GAIJIN IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE USER MATERIALS, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. Gaijin reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted. UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICE IN ANY WAY. Your Warranties YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO GAIJIN IN CONNECTION WITH THIS SITE AND/OR SERVICE IS TRUE AND ACCURATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THE TERMS OF USE; (iii) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THE TERMS OF USE IN ACCORDANCE WITH APPLICABLE LAWS; AND (v) YOUR MATERIALS, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT ("USER MATERIALS") THAT YOU MAKE AVAILABLE TO GAIJIN OR OTHER END USERS OF THE SITE AND THAT IS NOT PROVIDED BY GAIJIN, OR SITE DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES. This Site may provide links to other Sites that are not under the control of Gaijin. Gaijin shall not be responsible in any way for the content of such other Sites. Gaijin provides such links only as a convenience to the user of this Site, and the inclusion of any link to any such websites does not imply endorsement by Gaijin of the content of such websites. Third Party Materials In order to use this Site and/or Service, you may need to obtain and/or use certain third-party products (i.e. Device), services and/or materials ("Third Party Materials"). Third Party Materials are (i) not licensed hereunder; (ii) not under Gaijin's control or license; and (iii) subject to the applicable licenses and respective terms and conditions of such third parties which you need to enter into prior or subsequent to the installation and/or use of the Third Party Materials and prior to the effective use of this Site and/or Service. The list of such Third Party Materials may be provided by Gaijin upon written request. Notwithstanding any provision to the contrary herein, nothing in these Terms of Use shall be construed as to grant You any rights or licenses with regard to such Third Party Materials or to entitle You to use such Third Party Materials. Intellectual Property You hereby expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets and all other related proprietary rights in this Site and/or Content (including but not limited to Software, Service, audio, video, text and photographs) rests with Gaijin and/or its licensors Gaijin and/or its licensors are the sole and exclusive owners thereof. All rights in the Site and/or Content not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site and/or Content, its products or Service except as expressly authorized herein. Except as otherwise provided, the Content published on this Site may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Gaijin is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions. Gaijin hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third Party Material are the properties of their respective owners. Gaijin disclaims any proprietary interests in the intellectual property rights other than its own. Notice and Procedure for Making Claims of Copyright Infringement If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Gaijin's Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying Gaijin and its affiliates that your copyrighted material has been infringed. " An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; " A description of the copyrighted work that you claim has been infringed upon; " A description of where the material that you claim is infringing is located on the Site; " Your address, telephone number, and e-mail address; " 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; " A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Gaijin's Copyright Agent for notice of claims of copyright infringement on its Site can be reached as follows: Name: Anton Yudintsev Address: 901 North Pitt Str, Suite 325 Alexandria, VA, 22314, USA Software Certain Software of Gaijin and its licensors made available for downloading in connection with this Site (the "Software") is licensed subject to the terms of the applicable license agreements containing in this Software ("End User License Agreement"). Both the Software and any accompanying documentation made available to you is the copyrighted work of Gaijin or its licensors, as applicable. Except as set forth in the applicable End User License Agreement, the Software is made available for use by you only and any further copying, reproduction or redistribution of the Software is expressly prohibited. You must agree to the terms of the applicable End User License Agreement to use or obtain Software. You may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work or otherwise reverse engineer, or transfer the licensed program, or any subset of the Site, its Products or Service, except as expressly authorized herein or in the applicable license agreement. Any such unauthorized use shall result in immediate and automatic termination of your license to use this Site and, as applicable, of the license for Gaijin's Software and Service and may result in criminal and/or civil prosecution. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE, PRODUCTS AND SERVICE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. GAIJIN HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE. Without limiting the foregoing, Gaijin makes no warranty that: the Service and products will meet your requirements; the Service and products will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the Service or materials will be effective, accurate, or reliable; the quality of any Service or products purchased or accessible by you through the Site will meet your expectations; any errors in the software obtained from or used through the Site, or any defects in the Site, its Service or products, will be corrected. Virtual Items You understand that while at times you may "earn" "buy" or "purchase" (a) virtual currency, including but not limited to virtual coins, currency, cash, tokens, or points, all for use in the Service; or (b) virtual in-game items (together, "Virtual Items"); these real world terms are only being used as a shorthand descriptions of virtual items and shall have no cash value. 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, any property or their equivalent but you may acquire or 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 Use shall be deemed a completed transaction upon receipt of your direct payment or redemption of an Gaijin game card or a third party virtual currency. Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value or monetary value, but instead constitutes a measurement of the extent of your license. Gaijin is the owner, licensee or a holder of necessary rights to use all of the content that appears in the Service. 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 Items appearing or originating in any Gaijin game, whether "earned" in a game or "purchased" from Gaijin, or any other attributes associated with an Account or stored on the Service. Gaijin prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by Gaijin in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game, without Gaijin's written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination. Purchases In the Service you may purchase, with "real world" currency a license to use Virtual Items and or other goods or Services. You may also obtain a license to use Virtual Items by redeeming third party virtual currency, such as Facebook Credits, Webmoney, or Yuplay Money (YUM). Purchases or redemptions of third party virtual currency to acquire a license to use virtual items are non-refundable. You can license Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you purchase a license to Virtual Items from our Service, We may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. Gaijin keeps records of transactions in order to deal with any subsequent queries. Facebook Credits that you purchased or otherwise obtained from Facebook are subject to Facebook's terms and conditions and Gaijin is not a party to those agreements or transaction relating thereto. For Virtual Items, your order will represent an offer to us to purchase a license for the relevant service(s) which will be accepted by Gaijin when Gaijin makes the Virtual Items available on your account for you to use in our games or debit your credit card, whichever comes first. Your license to Virtual Items for use in Gaijin games is a service provided by Gaijin that commences upon acceptance by Gaijin of your purchase or redemption of third party virtual currency (e.g. Facebook Credits). By ordering a license to use Virtual Items you agree and accept that Gaijin will provide you with the Virtual Items upon completion of the purchase transaction. If you reside in the European Union and you purchase a product or service from Gaijin, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if the performance of the services commenced prior to the last day of the Cooling Off Period. Accordingly, please note that if you purchase a license to use Virtual Items from Gaijin, your right of withdrawal is lost as the performance of our services begins promptly once your purchase transaction is completed. Currently, if you reside in the European Union, you can't purchase products or services from Gaijin. Information Provided By You/Feedback User Materials will be treated as non-confidential and non-proprietary, and immediately become the property of Gaijin, subject to any privacy policies posted on this Site. Gaijin may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials. Unlawful or Prohibited Use You may not use this Site for any purpose that is unlawful, prohibited by these Terms of Use, or in any way interferes or attempts to interfere with the proper working of this Site. You may not use this Site in any manner that could damage, disable, overburden, or impair this Site and/or Service, or that interferes with any other party's use and enjoyment of this Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Gaijin to all users of this Site. You agree that you will not use any third-party software that intercepts, "mines," or otherwise collects information from or through the Site and/or Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Gaijin to all users of this Site and/or Service. You shall not institute, assist, or become involved in an attack upon any Gaijin server or otherwise attempt to disrupt the Gaijin servers. ANY ATTEMPT BY YOU TO DAMAGE GAIJIN SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF GAIJIN IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, GAIJIN RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW. Indemnification You hereby agree to indemnify and hold harmless Gaijin, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Use, including without limitation infringement by User Materials of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy. Linking to the Site Linking to the Site is permitted provided that you comply with these rules. You may link to the home page of the Site or to any other page of this Site. However you are not allowed to use in-line linking or framing. You must not imply that Gaijin endorses or sponsors the linker or its site, products or service. You must not use Gaijin's intellectual property including but not limited to trademarks, trade name, copyright without permission from Gaijin. Furthermore, you agree to remove the link at any time upon our request. Assignment Gaijin may assign, transfer or delegate these Terms of Use or the fulfillment of any of its obligations pursuant to these Terms of Use and/or the Gaijin Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign, transfer or delegate any rights or obligations under the Terms of Use or Privacy Policy without Gaijin's prior written consent, which may be withheld in its sole discretion, and any unauthorized assignment and delegation by you is void and ineffective. Applicable Law These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA without regard to its principles of conflict of laws. You agree to the exclusive jurisdiction of the courts of the Commonwealth of Virginia, USA for any claim or cause of action arising out of, or relating to or in connection with these Terms of Use or this Site, provided that such exclusivity does not apply to legal actions initiated or brought by Gaijin. Gaijin does not bear any responsibility nor assumes any risks if by any reason a product or a Service made available on this Site breaches national law of any state. Those who access this Site do so on their own initiative and are responsible for compliance with their national laws. Questions regarding the Site or these Terms of Use may be submitted to Please also have a look at our Privacy Policy and Software End User License Agreement. Copyright © 2012, Gaijin Entertainment and its licensors. 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