TERMS OF SERVICE
Last updated August 3, 2012
1.1. Governing Agreement
1.4. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant policies, such as the Forum Rules or in-game code of conduct, uCool grants you a non-exclusive, non-transferable, revocable limited license to use the Tynon Service solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever subject to the limitations in Sections 1.5-1.8 to access and use the Service using a supported web browser solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified game client through the tynon.ucool.com portal. You agree not to use the Service for any other purpose.
You acknowledge that the time that you spend on the Tynon Service and Game is solely for your personal entertainment purposes, and that no monetary value can be attributed to such time. In particular, but without limitation, you understand that value cannot and shall not be attributed to the time that you may spend accumulating In-Game Enhancements such as Game Items, points, medals or other digital and/or virtual features.
1.5. Accessing the Service
The uCool Websites and/or Services may contain links to other websites that are owned or operated by third parties (referred to in our Terms of Service as “Linked Sites”). When you click on any link for a Linked Site and/or visit a Linked Site’s website, you should be aware that you are leaving a uCool Website, and this Policy does not apply to any such Linked Sites. Additionally, if you use our Services on or through a Third Party Platform, including via any Wireless Devices, your privacy will also be subject to the privacy policies and terms of service of the Third Party Platform. We do not control and are not responsible for the terms of service, privacy policies and/or practices of any Linked Sites or any Third Party Platform you may use to access the Websites and/or Services, and you should review the policies and agreements of such Linked Sites and/or Third Party Platforms carefully.
1.6. Use of the Service
The following restrictions apply to the use of the Service:
a. You shall not create an Account or access the Service if you are under the age of 13;
b. You shall monitor your Account to 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;
c. You shall not have more than one Account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
d. You shall not create an Account or use the Service if you are a convicted sex offender;
e. You shall not have an Account or use the Service if you have previously been banned by UCool;
f. You shall use your Account only for non-commercial purposes;
g. You shall not use your Account to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (email or message spam) to anyone;
h. You shall not use your Account to engage in any illegal conduct;
i. You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any virtual features associated with your Account to anyone at any time; and
j. You shall not access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator.
k. If you access the Service from Facebook you shall comply with its terms of service/use as well as these Terms of Service.
1.7. Account Information/Username and Password
The following rules govern the security of your Login Information:
a. You shall not share the Account or the Login Information, nor let anyone else access 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 uCool 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 responsible for anything that happens through your Account.
uCool 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 a username violates the third party’s rights.
1.8 License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.4, 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 THE TYNON GAME AND SERVICE IS A VIOLATION OF THIS POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that you will not, under any circumstances:
a. Engage in any act that uCool deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics or policies;
b. Make improper use of uCool’s support services, including by submitting false abuse reports; or
c. Use the Service in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
CHEATS AND HACKS - You agree that you will not, under any circumstances:
d. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Tynon experience or use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Game or the Service, including without limitation any software that reads areas used by the Game to store information about a character or the game environment;
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 Tynon game experience;
f. Modify or cause to be modified any files that are a part of the Tynon Service or game client;
g. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Tynon Service (each a "Server"); or (2) the enjoyment of the Service or any Tynon game experience 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 uCool, 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. modify or cause to be modified any files that are a part of the Game Client or the Service in any way not expressly authorized by uCool, Inc;
k. host, provide or develop matchmaking services for the Game or the Service, or intercept, emulate or redirect the communication protocols used by uCool, Inc. in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
l. facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by uCool, Inc.;
m. Create and use multiple accounts in game; YOU MAY ONLY CREATE AND USE ONE TYNON ACCOUNT AT ALL TIMES; FAILURE TO COMPLY WITH THIS TERM MAY RESULT IN IMMEDIATE BAN OR SUSPENSION WITH OR WITHOUT NOTICE TO YOU.
n. disrupt or assist in the disruption of (i) any computer used to support the Service (each a "Server"); or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME CLIENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not violate any applicable law or regulation in connection with your use of the Game Client or the Service.
OFFENSIVE OR INFRINGING CONTENT - You agree that you will not, under any circumstances:
o. Post in game information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
p. Post any information that contains a link to such content;
q. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including other players, uCool employees and customer service representatives; or
r. 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 uCool employee;
COMMERCIAL ACTIVITY - You agree that you will not, under any circumstances:
s. Use the Tynon 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;
t. Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote bots, third party software, malware, spyware and downloadable items; or
UNAUTHORIZED USE OR CONNECTION TO THE SERVICE - You agree that you will not, under any circumstances:
u. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Tynon Service in any way not expressly permitted by these Terms of Service;
v. 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;
w. 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;
x. 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 UCool;
y. 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 Tynon Service, or to obtain any information from the Tynon Service using any method not expressly permitted by uCool; or
z. Copy, modify or distribute rights or content from the uCool website, Tynon website or Tynon Service, or copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service;
1.09. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, UCOOL MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO TYNON SERVICES OR PORTIONS THEREOF IF YOU ARE, OR UCOOL 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 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 UCOOL 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 THE TYNON SITE AND SERVICE 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 UCOOL, INC., 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.
uCool reserves the right to stop offering and/or supporting the Tynon Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, uCool shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.
1.10.1. Games and Service>
All rights and title in and to the Service (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the Game Client, character profile information, recordings of games played using the Game Client, and the Game Client and server software) are owned by uCool or its licensors. The Game and the Service are protected by United States and international laws, and may contain certain licensed materials in which uCool’s licensors may enforce their rights in the event of any violation of this Agreement.
Username and Password.
During the registration process, you may be required to select a unique username and a password (collectively referred to hereunder as "Login Information"). You may not share the Account or the Login Information with anyone other than as expressly set forth herein.
No Ownership Rights in Account.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF UCOOL, INC.
Code of Conduct.
As with all things, your use of the Game and the Service is governed by certain rules. These rules (the "Code of Conduct"), maintained and enforced exclusively by uCool, must be adhered to by all users. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and uCool reserves the right to determine which conduct it considers to be outside the spirit of the Game and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. uCool reserves the right to modify this Code of Conduct at any time.
Rules Related to Lord Names
Each user will select a lord name. When you choose a lord name you must abide by the following guidelines as well as the rules of common decency. If uCool, Inc. finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and corresponding chat room, and/or suspend or terminate your use of the Service. In particular, you may not use any name:
Belonging to another person with the intent to impersonate that person, including without limitation a "Liaison" or any other employee or agent of uCool;
That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
Subject to the rights of any other person or entity without written authorization from that person or entity;
That belongs to a popular culture figure, celebrity, or media personality;
That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
Belonging to any religious figure or deity;
Taken from uCool’s other products;
Related to drugs, sex, alcohol, or criminal activity;
Comprised of partial or complete sentence (e.g., "Inyourface", "Welovebeef", etc);
Comprised of gibberish (e.g., "Asdfasdf", "Jjxccm", "Hvlldrm");
Referring to pop culture icons or personas (e.g. " "Britneyspears", "Austinpowers", "Batman")
That utilizes "Leet" or "Dudespeak" (e.g., "Roflcopter", "xxnewbxx", "Roxxoryou")
Rules Related to Game Play.
Using or exploiting errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players;
Anything that uCool considers contrary to the "essence" of the Game.
2. VIRTUAL ENHANCEMENTS, FEES AND PURCHASE TERMS
2.1. Virtual Enhancements and Purchases
uCool owns, has licensed, or otherwise has rights to use all of the content that appears in the Tynon Service and Game. 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 enhancements or currency appearing or originating in the Tynon Service and Game, whether earned in a game or purchased from uCool, or any other attributes associated with an Account or stored on the Service.
uCool does not recognize the transfer of Tynon Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. uCool owns, has licensed, or otherwise has rights to all of the content that appears in the Game. You agree that you have no right or title in or to any such content, including without limitation the virtual enhancements or currency appearing or originating in the Game, or any other attributes associated with the Account or stored on the Service. uCool does not recognize any purported transfers of virtual goods executed outside of the Game, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Game. Accordingly, you may not sell in-game enhancements or currency for "real" money, or exchange those items or currency for value outside of the Game. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
In the Tynon Service you may purchase, with "real world" money, a license to use (a) "virtual enhancements", including but not limited to Tynon Gems for use in the Tynon Service and Game; and (b) other goods or services ("Merchandise").
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ENHANCEMENTS MADE THROUGH THE SERVICE ARE NON-REFUNDABLE.
You can order Virtual Enhancements by visiting the Tynon In-Game Shop, accessing a third party payment gateway, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you place an order to purchase Virtual Enhancements from our Service, you will receive an in-game confirmatory message that will contain details of the items you have ordered.
For Virtual Enhancements, your order will represent an offer to us to purchase the relevant product(s) which will be accepted by us when we make the Virtual Enhancements available in your account for you to use in our games or debit your credit card, whichever comes first.
The provision of Virtual Enhancements for use in the Tynon Service and Game is a service provided by uCool that commences immediately upon acceptance by uCool of your purchase. By ordering Virtual Enhancements you agree and accept that uCool will provide them to you immediately following completion of your purchase. If you reside in the European Union and you purchase an enhancement from uCool, you 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 or use of the enhancements begins before the end of the Cooling Off Period.
2.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. uCool may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT UCOOL IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ENHANCEMENTS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
3. UPDATES TO THE SERVICE
You understand that the Service is an evolving one. uCool may require that you accept updates to the Service and to the Tynon Service and Game. You acknowledge and agree that uCool may update the Tynon Service and Game, with or without notifying you. You may need to update third party software from time to time in order to use the Service and play Tynon.
3.1. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER UCOOL NOR ITS AFFILIATES, LICENSEES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “TYNON PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
3.2. LIMITATIONS; 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 TYNON PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE TYNON PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE TYNON PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
UNDER NO CIRCUMSTANCES WILL THE TYNON PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID UCOOL 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 UCOOL 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 UCOOL IS TO STOP USING THE SERVICE.
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.
You agree to indemnify, save, and hold uCool, its affiliated companies, licensees, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. uCool reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify uCool, and you agree to cooperate with uCool’s defense of these claims.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.
4. DISPUTE RESOLUTION
If a dispute arises between you and UCool, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and uCool agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
4.2. Law and Forum for Legal Disputes
This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of Delaware as they apply to agreements entered into and to be performed entirely within Delaware between Delaware residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against uCool, Inc. must be resolved exclusively by a state or federal court located in Delaware, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Delaware for the purpose of litigating all such claims or disputes.
4.3. Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND UCOOL SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE JUNE 11, 2012.
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 4.3, YOU MUST NOTIFY UCOOL IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 8 FANUEIL HALL, 3RD FLOOR BOSTON, MA, 02109, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR TYNON LORD/ACCOUNT NAME AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH UCOOL THROUGH ARBITRATION.
4.4. Improperly Filed Claims
All claims you bring against uCool must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Section 4.2 shall be considered improperly filed. Should you file a claim contrary to Section 4.2, uCool shall be entitled to recover attorneys' fees and costs up to $1000, provided that uCool has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
6. GENERAL PROVISIONS
6.2. Supplemental Policies
uCool may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
6.3. Entire Agreement
6.4. No Waiver
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by uCool 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 uCool.
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
6.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to uCool are of a unique and irreplaceable nature, the loss of which shall irreparably harm uCool and which cannot be replaced by monetary damages alone so that uCool 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 uCool 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 6.2 (if any).
This Agreement is effective until terminated. You may terminate this Agreement by terminating the Account and not accessing the Game Client. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination of this Agreement. UCool may terminate this Agreement with or without notice by terminating the Account.
You hereby acknowledge and agree that:
WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH TYNON. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE GAME, WOULD CONSTITUTE A VIOLATION OF SECTIONS 1, 2 OR 9. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, UCOOL MAY (a) COMMUNICATE INFORMATION BACK TO UCOOL,INC. INCLUDING WITHOUT LIMITATION THE 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 OR THE EULA, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
WHEN THE GAME IS RUNNING, UCOOL MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT AND THE EULA.
uCool may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, Chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if uCool believes that doing so may protect your safety or the safety of others.
You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.
6.9 Force Majeure
uCool shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of uCool, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond uCool’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.