AMPED GAMES WEBSITE
1. TERMS OF AGREEMENT
(a) Terms of Agreement. ABS-CBN Interactive offers to allow you to play “AMPED GAMES” on a free-play basis conditioned on your agreement to all of the terms and conditions contained in this Agreement and your compliance with the posted Rules of Conduct. Your use of AMPED GAMES constitutes your agreement to all such terms and conditions and your agreement to comply with the Rules of Conduct. To confirm your agreement, you should click on the "I Accept" button at the end of this Agreement. If you do not so agree, you should click on the "I Reject" button at the end of this Agreement, in which case you reject the offered terms of use and will not be permitted to play AMPED GAMES. If you have any questions regarding these terms and conditions or the Rules of Conduct, please contact ABS-CBN Interactive customer service representative.
(b) Amendments. ABS-CBN Interactive may amend this Agreement or modify the Rules of Conduct at any time in its sole discretion by posting the amended Agreement or modified Rules of Conduct. Modifications to the Rules of Conduct will be effective immediately upon posting. Your use of AMPED GAMES after the effective date of any amendments to this Agreement constitutes your agreement to the amendments. You agree to check this Agreement and the Rules of Content periodically so you will be familiar with their content as amended or modified from time to time.
2. DESCRIPTION OF SERVICE
ABS-CBN Interactive offers AMPED GAMES as a game service accessible through the Internet at "www.amped.ph" (the "Web Site"). ABS-CBN Interactive reserves the right to change the URL address of the Web Site at any time and from time to time. To use the Service, you will need to install software which ABS-CBN Interactive makes available from the Web Site and through distributed CD game installers. Anyone desiring to use the Service is required to establish an account with ABS-CBN Interactive (http://accounts.amped.ph). ABS-CBN Interactive does not provide Internet access, and you are responsible for all fees associated with your Internet connection. The Web Site located at www.amped.ph is an active part of the Service and any use of the website is governed by the same Terms of Agreement and Rules of Conduct.
3. LICENSE TO USE
Subject to the terms of this Agreement, ABS-CBN Interactive grants to you a Non-exclusive license to use the Service, and a non-exclusive license to use the Software in connection with the Service, for a free-play period without. You may not sublicense, rent, lease, loan or otherwise transfer the Software for profit, modify, adapt, reverse engineer or decompile the Software, or create any derivative works in respect to the Software or the Service, or otherwise use the Software except as expressly provided in this Agreement.
4. ACCOUNT
(a) Account ID. At the time your Account is opened, you must submit your email address to identify and validate yourself to ABS-CBN Interactive staff (your "Account ID"). Your account ID will be validated by ABS-CBN Interactive by sending an activation link to the supplied email address. Those without a valid email address will not be able to register. You may not select as your Account ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which ABS-CBN Interactive deems in its discretion to be vulgar or otherwise offensive. ABS-CBN Interactive reserves the right to delete, or to change, any vulgar or otherwise offensive Account ID. You have sole liability for all activities conducted through your Account or under your Account ID.
(b.) Message Board ID. You have the option to create a Message Board ID for use on the official AMPED message boards. You may not select as your Message Board ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which ABS-CBN Interactive deems at its sole discretion to be vulgar or otherwise offensive. ABS-CBN Interactive reserves the right to delete, or require you to change, any vulgar or otherwise offensive Message Board ID. You have sole liability for all activities conducted under your Message Board ID.
(c) Account. By agreeing to the User Agreement you agree that you do not own the account you use to access the service, the characters. ABS-CBN Interactive stores on ABS-CBN Interactive servers, the items stored on these servers, or any other data which the servers and accounts are comprised of. The account you create is needed to login to access the service.
(d) Character Name. In order to use the service, you must create a character and choose a name for your character to identify your character to other Members (your "Character Name"). You may not select as your Character Name the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of ABS-CBN Interactive, or which ABS-CBN Interactive deems at its sole discretion to be vulgar or otherwise offensive. ABS-CBN Interactive reserves the right to delete, or alter any vulgar or otherwise offensive Character Name.
(e) Pledge Names, Pledge Titles, House Signs, Individual Titles, NPC Names. While accessing the service, it is possible to name your pledge, grant titles to individual members, grant a title to your own character, and name NPCs. You may not give a name to a pledge, another character, grant your own character a title, or name an NPC (non player character) that is the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of ABS-CBN Interactive, or which ABS-CBN Interactive deems at its sole discretion to be vulgar or otherwise offensive. ABS-CBN Interactive reserves the right to delete, change, or require you to change, any vulgar or otherwise offensive Name.
(f) Passwords. At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account and Account ID. At no time should you respond to an online request for a password. ABS-CBN Interactive will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process.
(g) Registration Obligations. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ABS-CBN Interactive has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ABS-CBN Interactive has the right to suspend or terminate your Account and refuse any and all current or future use of the Service.
(h) Former Members. Members whose Accounts have been terminated by ABS-CBN Interactive may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of ABS-CBN Interactive.
(i) Related Accounts. If ABS-CBN Interactive terminates an Account, ABS-CBN Interactive may terminate any other Accounts that share the same member name, phone number, email address, postal address, Internet Protocol address, or credit card number with the terminated Account.
(j) In AMPED GAMES, characters may have the privilege of sending server wide messages in the chat window. With this privilege comes a high level of responsibility on the part of the user. Due to the fact that this communication channel has the ability to impact every player on the server, ABS-CBN Interactive will not tolerate any inappropriate behavior of any sort in this chat channel. This includes but is not limited to: inappropriate language of any sort or any attempt to escape the profanity filter, inappropriate or vulgar content of any sort, repeated 'spamming', or 'flooding' of the global chat channel, or any other conduct that can be construed in any way inappropriate by ABS-CBN Interactive Support. Any violation of this term or rules of conduct may lead to the temporary removal of the
Character’s ability to communicate, the account being suspended for a set period of time, or lead to permanent account closure.
5. CONTENT AND MEMBER CONDUCT
(a) Content. You acknowledge that: (i) by using the Software and the Service you will have access to graphics, sound effects, music, animation-style video and text (collectively, "Content"), and (ii) Content may be provided under license by independent content providers, including text contributions from other Members (all such independent content providers, "Content Providers"). ABS-CBN Interactive does not pre-screen Content as a matter of policy. ABS-CBN Interactive has the right, but not the obligation, to remove Content at any time which it deems to be harmful, offensive, or otherwise in violation of this Agreement.
(b) Rights in Content. You acknowledge that ABS-CBN Interactive and Content Providers have rights in their respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that you will not use any Content other than in connection with playing AMPED GAMES.
(c) Member Content. Members can upload Content to our servers in various forms, such as in the bulletin boards and similar user areas. Unless specified otherwise in your transmission, by submitting your Content to any area on the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to ABS-CBN Interactive the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
(d) Member Conduct. You agree not to use the Service to:
(i) upload, post, e-mail or otherwise transmit Content that infringes any third party rights;
(ii) impersonate any person or entity, including, but not limited to, an ABS-CBN Interactive employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(iii) upload, post, e-mail or otherwise transmit Content that violates any law or regulation;
(iv) upload, post, e-mail or otherwise transmit Content as determined by ABS-CBN Interactive at its sole discretion that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or contains any viruses, trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(v) upload, post, email or otherwise transmit any Content that you do 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 nondisclosure agreements);
(vi upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(vii) (vii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
(viii) "stalk" or otherwise harass another member.
6. OFFICIAL SERVICE
ABS-CBN Interactive has designed AMPED GAMES for play only as offered by ABS-CBN Interactive at the Web Site. You agree to play AMPED GAMES only as offered by ABS-CBN Interactive at the Web Site and not through any other means. You further agree not to create or provide any other means through which AMPED GAMES may be played by others, as through server emulators. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for AMPED GAMES, except that you may use the Software to the extent expressly permitted by this Agreement. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any AMPED GAMES accounts, characters, items, coin or copyrighted material.
7. PRIVACY
The personal information you provide us during registration is used for our internal purposes only. We use the information we collect to learn what you like and to improve the Service. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, we will not give any of your personal information to any third party without your express approval. We do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. We can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies or government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. If you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Service, the Software and any services or software which may in the future be provided by us or on our behalf.
8. PARENTAL GUIDANCE
While ABS-CBN Interactive may choose to monitor and take action upon inappropriate game play, chat or links to the Service, it is possible that at any time there may be language or other material accessible on or through the Service that may be inappropriate for children or offensive to some users of any age. ABS-CBN Interactive cannot ensure that other players will not provide Content or access to Content that parents or guardians may find inappropriate or that any user may find objectionable. ABS-CBN Interactive does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player.
9. INTERRUPTION OF SERVICE
(a) ABS-CBN Interactive reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.
(b) You acknowledge that the Service may be interrupted for reasons beyond the control of ABS-CBN Interactive, and ABS-CBN Interactive cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. ABS-CBN Interactive shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes beyond its reasonable control.
(c) ABS-CBN Interactive shall not be obligated to refund all or any portion of any Account fee by reason of any interruption of the Service by reason of any of the circumstances described in paragraph (a) or (b).
10. DISCLAIMER OF WARRANTY
ABS-CBN INTERACTIVE PROVIDES THE SERVICE, THE SOFTWARE, THE ACCOUNT, THE AMPED GAMES AND ALL OTHER SERVICES ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Service, the Software, your Account or AMPED GAMES.
11. LIMITATION OF LIABILITY
THE MAXIMUM AMOUNT OF ABS-CBN INTERACTIVE'S LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF ACCOUNT FEES PAID BY YOU TO ABS-CBN INTERACTIVE, AND IN NO EVENT SHALL ABS-CBN INTERACTIVE, OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER OR IN CONTRACT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE, THE SOFTWARE, YOUR ACCOUNT OR THIS AGREEMENT, WHETHER OR NOT ABS-CBN INTERACTIVE MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR.
You agree that ABS-CBN Interactive cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the AMPED service.
12. INDEMNIFICATION
At ABS-CBN Interactive's request, you agree to defend, indemnify and hold harmless ABS-CBN Interactive, its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers, its licensees, distributors, Content Providers, and other Members of the Service, from all damages, liabilities, claims and expenses, including attorneys' fees and costs, arising from any breach of this Agreement by you.
13. TERMINATION
(a) We may terminate this Agreement (including your Software license and your Account) immediately and without notice if you breach this Agreement or willfully infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of AMPED GAMES as described in the Rules of Conduct. If we terminate this Agreement under any circumstances, you will lose access to your Account.
14. GENERAL PROVISIONS
This Agreement is governed by and shall be construed and enforced under the laws of The Republic of the Philippines, without applying any conflicts of law principles which would require application of the law of any other jurisdiction. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of ABS-CBN Interactive shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of ABS-CBN Interactive.