SECTION 1 - LICENSE
- Login information and Account. The User may be required to select a password for Account or the User may also use other credentials to access the Account ("Login Information"). The User shall neither share the Account nor the Login Information, nor let anyone else access the User’s Account. In the event the User becomes aware of or reasonably suspects any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, the User must immediately notify Aither and modify the User’s Login Information. The User is solely responsible for maintaining the confidentiality of the Login Information, and all uses of the Login Information, including purchases. The User is responsible for anything that happens through the Account. Aither 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 a third party's rights.
- License Restrictions. Unless otherwise authorized by this Agreement or Aither in writing, the User shall not:
Notwithstanding the above, Aither reserves always the right to determine what conduct it considers to be in violation of the rules of use. Aither furhter reserves the right to take action as a result, which may include terminating the User's Account and prohibiting the User from using the Service in whole or in part.
- Sublicense, transfer, transmit, distribute, or permit usage of the Service to or by, any third party;
- Engage in any act that Aither deems to conflict with the spirit or intent of the Service or make improper use of Aither’s support services.
- Reverse engineer, decompile, or disassemble, decipher any aspect of the Service and Aither’s games, including setting up competing networks such as shadow servers, gray shards, or pirate servers;
- Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity or falsely state or otherwise misrepresent the User’s affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
- Transmit, access or communicate any data that the User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Transmit, access, or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing Aither’s games. This includes but are not limited to win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any Aither’s game environment.
- Monitor traffic or make search requests in order to accumulate information about individual users;
- "Stalk" or otherwise harass another person in Aither’s game environment or when using the Service;
- Unless otherwise approved by Aither in writing, upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Use the Service in any way related to gambling or illegal lotteries or illegal sweepstakes;
- Harm the Service including but not limited to the using of any programs or other mechanisms to slow or "crash" the network or server used by AIther;
- Engage in any activity or install any software to facilitate activities which are or can be considered cheating or hacking so as to gain an advantage over other users as judged by Aither;
- Use the Service to engage in any activity that is obscene or overtly sexual;
- Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service or Aither’s game;
- Modify or cause to be modified any files that are a part of the Service or any Aither’s game without Aither’s express written consent;
- 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;
- Attempt to gain unauthorized access to (i) the Service, (ii) Accounts registered to others or (iii) Aither’s computers, servers, or networks which are connected to the Service; by any means other than the user interfaces provided by Aither, 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;
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis;
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, third parties, including Aither’s employees as well as Aither’s customer service representatives;
- Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any of Aither’s games;
- Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service;
- Allow usage by others in such a way so as to violate this Agreement or in Aither’s sole discretion to be unacceptable to Aither.
- Indemnification. The User (i) agrees to indemnify, defend and hold harmless, and (ii) hereby releases, Aither, its licensors, and their direct and indirect parent, subsidiary and affiliated corporations, and their respective officers, directors, employees, and agents from and against any and all losses, liabilities, claims, obligations, costs and/or expenses (including reasonable legal fees) which result from, arise out of or in connection with the User's use of the Service or activities related thereto or the User's actual or alleged violation of this Agreement.
- Term of the Agreement. The grant of license herein, may be terminated by Aither at any time, for any reason or for no reason, in Aither' sole and absolute discretion. Aither may or may not provide written, electronic or emailed notice to User regarding termination of account. The User may, at any time and for any reason or for no reason, terminate this Agreement by uninstalling the Service. At termination, the User shall erase all copies of the Service from the User's hardware.
Notwithstanding the above, Aither reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point user’s license to use the Service or a part thereof will be automatically terminated. In such event, Aither shall not be required to provide refunds, benefits or other compensation to the User in connection with such discontinued Service.
Termination of an User’s Account can include disabling access to the Service or any part thereof, including any content user submitted or others submitted.
SECTION 2 - OWNERSHIP
- Aither’s Intellectual Property. Except for the revocable, limited license expressly granted hereunder, Aither retains all rights, title and interests in and to all intellectual property rights associated with the Service and all copies thereof, use thereof by the User, and all world content and data in connection therewith including any information or data collected from the Users. These rights include, but are not limited to, all intellectual property and other rights in and to the User’s suggestions or comments, including those that may be used in modifying the Service. The Service is copyrighted and is protected by Hong Kong copyright laws and international treaty provisions as well as all other relevant and applicable laws. The User acknowledges that the Service contains valuable trade secrets of Aither, and that Aither and/or its licensors own all intellectual property rights in and to the Service, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights and intellectual property rights therein and thereto. The User may not remove the copyright and other proprietary rights notices from the Service. The User agrees that this Agreement shall be retained with all copies of the Service and documentation constituting the Service. The User agrees to prevent any unauthorized copying or distribution of the Service. Except for the license as expressly provided herein, Aither does not grant the User any express or implied right in any patents, copyrights, trademarks, or trade secret information of Aither and/or its licensors.
- Licensed Intellectual Property. Aither, through arrangements with licensors, use the Service to incorporate certain external intellectual property (“Licensed Intellectual Property”) into the Service. This Licensed Intellectual Property shall remain the property of the licensors and any and all intellectual property rights thereto shall remain with the licensors.
- Games and Service. All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Aither’s game client, and the Aither’s game clients and server software) are owned exclusively by Aither. Aither reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
- Accounts. Notwithstanding anything to the contrary herein, the User acknowledges and agrees that he or she shall have no ownership or other property interest in the Account, and the User further acknowledges and agrees that all rights in and to the account are and shall forever be owned by and inure to the benefit of Aither.
- Virtual Items. Aither owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Aither’s games. Notwithstanding any provision to the contrary herein, the User agrees that he or she has no rights to or titles in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Aither’s game, whether earned in a game of Aither’s or purchased from Aither, or any other attributes associated with an Account or stored on the Service.
- Third Party Sites. The Service may also be hosted on or served through certain third-party web sites. The User agrees to be responsible for reading and complying to the terms of such third-party web sites.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Aither is not responsible if information made available on its Sites are not accurate, complete or current. The materials appearing on the Sites are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the materials on the Sites is at the User’s own risk.
The Sites may contain certain historical information. Historical information is not necessarily current and is provided for reference only. Aither reserves the right to modify the contents of the Sites at any time, but it shall have no obligation to update any information on the Sites. The User thereby agrees that it is his/ her own responsibility to monitor changes to Aither’s Sites.
The User understands that the Service is an evolving one. Aither may require that the User accepts updates to the Service and to Aither’s games which the User has installed on the User’s device or computer. The User acknowledges and agrees that Aither may update the Service and Aither’s games, with or without notifying the User. The User may need to update third party software from time to time in order to receive the Service and play Aither’s games.
SECTION 4 - USER CONTENT
- Content Screening. Aither assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. Aither does not, and cannot, pre-screen or monitor all User Content. The User’s use of the Service is at the User’s own risk. By using the Service, the User may be exposed to User Content that is offensive, indecent or otherwise not in line with the User’s expectations. The User bear all risks associated with the use of any User Content available in connection with the Service. At Aither’ discretion, Aither’s representatives or technology may monitor and/or record the User’s interaction within the Service or communications (including without limitation chat text) when the User uses the Service.
By entering into these Terms of Service, the User hereby provides Aither his /herirrevocable consent to Aither’s monitoring and recording of User Content. The User acknowledges and agrees that he or she has no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
Aither reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content without notice for any reason or for no reason at any time. If at any time Aither chooses, in its sole discretion, to monitor the Service, Aither nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. Aither has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any User Content.
- Information Use by Other Members of the Service
- Public Discourse. The Service may include various forums, blogs and chat features where the User can post User Content, including the User’s observations and comments on designated topics. Aither cannot guarantee that other members will not use the ideas and information that the User shares. Therefore, if the User has an idea or information that the User would like to keep confidential and/or does not want others to use, the User should not post it on the Service. Aither shall have no responsibility to evaluate, use or compensate the User for any ideas or information which the User may choose to submit.
- Responsible For User’s Own Content. The Users are solely responsible for the information that each User posts on, through or in connection with the Service and that the User provides to others. Aither may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Aither violates these Terms of Service.
- User’s License to Aither. The User hereby grants to Aither an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, the User’s User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. The User also hereby grants to Aither the right to authorize others to exercise any of the rights granted to Aither under these Terms of Service. The User further hereby grants to Aither the unconditional, irrevocable right to use and exploit User’s name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to User. Except as prohibited by law, the User waives any rights of attribution and/or any moral rights which the User may have in the User Content, regardless of whether User Content is altered or changed in any manner. Aither does not claim any ownership rights in the User Content and nothing in these Terms of Service is intended to restrict any rights that the User may have to use and exploit his or her User Content. Aither has no obligation to monitor or enforce User’s intellectual property rights in or to any of the User Content.
- User Interactions. The Users are solely responsible for the User’s interactions with other users of the Service and any other parties with whom User interact through the Service and/or Aither games. Aither reserves the right, but has no obligation, to become involved in any way with these disputes. The User will fully cooperate with Aither to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Aither access to any password-protected portions of User’s Account.
If the User has a dispute with one or more other users, the User releases Aither (and Aither’s and its subsidiaries’, joint ventures’ and affiliated corporations’ respective officers, directors, agents, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
SECTION 5 - FREES AND PURCHASE TERMS
- Purchases. In the usage of the Service, the User may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to virtual cash or golds, all for use in Aither’s games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). User are only allowed to purchase Virtual Items from Aither or Aither’s authorised partners through the Service, and not in any other way.
Aither may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Aither shall have no liability to the User or any third party in the event that Aither exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, the User shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to Aither, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Aither’s games is a service provided by Aither that commences immediately upon acceptance by Aither of the User’s purchase of the relevant Merchandise and/ or Virtual Items.
- Payment of Fees. The User agrees to pay all fees and applicable taxes incurred by User or anyone using an Account registered. Aither may revise the pricing for the goods and services offered through the Service at any time. THE USER ACKNOWLEDGES THAT AITHER IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT THE USER WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
SECTION 6 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- No Warranty. THE USER ACKNOWLEDGES THAT THE SERVICE MAY WELL CONTAIN ERRORS AND DEFECTS. THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE SERVICE LIES WITH THE USER. SHOULD THE SERVICE PROVE DEFECTIVE FOLLOWING THE RECEIPT BY THE USER, USER AND NOT AITHER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. WITHOUT LIMITING THE FOREGOING, AITHER DOES NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SERVICE. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.
- No Liability For Damages. TO THE GREATEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL AITHER, ANY PARENT, SUBSIDIARY OR OTHERWISE RELATED COMPANY, OR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS OF ANY OF THE ABOVE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL PUNITIVE OR OTHER DAMAGES OR LOST PROFITS, DATA OR BUSINESS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION EVEN IF ANY OF THE ABOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- No Support. Aither does not provide any guaranteed support for the Service. However, Aither may provide an e-mail address, certain documentation, and/or forum for the User to send any questions and/or comments regarding the Service. Aither does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in documentation or response to User's e-mail(s) and/or board postings.
SECTION 7 - INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless Aither and Aither’s parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, damages or other losses, including reasonable attorneys’ fees, made by any third-party due to or arising out of or in connection with the User’s breach of these Terms of Service or the documents they incorporate by reference, or the User’s violation of any law or the rights of a third-party.
SECTION 8 - SEVERABILITY
SECTION 9 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either the User or Aither. The User may terminate these Terms of Service at any time by notifying Aither that the User no longer wishes to use Aither’s Services.
SECTION 10 - ENTIRE AGREEMENT
SECTION 11 - FORCE MAJEURE
Aither shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Aither, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Aither’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.
SECTION 12 - EQUITABLE REMEDIES
The User acknowledges and agrees that a breach or threatened breach of any covenant contained in this Agreement would cause irreparable injury, that money damages would be an inadequate remedy and that Aither shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain the User, from such breach or threatened breach. Nothing in this Section shall be construed as preventing Aither from pursuing any and all remedies available to it, including the recovery of money damages from the User.
SECTION 13 - GOVERNING LAW
SECTION 14 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at in writing to either 13/F, Zung Fu Industrial Building, 1067 King's Road, Quarry Bay, Hong Kong or [email protected].