Snail Games USA : License Agreement

Age of Wushu™
TERMS OF SERVICE

THIS IS A LEGALLY BINDING AGREEMENT; PLEASE READ IT CAREFULLY. Welcome to Age of Wushu™. Snail Games USA, Inc. (“Snail Games USA”) is proud to provide you with the massively multi-player online role-playing game Age of Wushu™ and the websites, features, products and services in connection therewith (collectively, “Age of Wushu”). Your access and use of Age of Wushu is conditioned on your acceptance of and compliance with this End User License Agreement (“EULA” or Agreement”), including the policies and terms linked to or otherwise referenced in this Agreement. By using Age of Wushu, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to this Agreement, you may not access or use Age of Wushu.

Eligibility to Use Age of Wushu. By accepting this Agreement in connection with your use of Age of Wushu, you represent either that (A) you are 18 years of age or older and can form a contract with Snail Games USA under the laws of the United States, the laws of the jurisdiction in which you use Age of Wushu or any other applicable jurisdiction or that (B) you are under 18 years of age and your parent or legal guardian, having legal authority to enter into this Agreement, has consented to your use of Age of Wushu and has read and fully accepted this Agreement on your behalf.

Limited License. Age of Wushu is licensed to you, not sold. Subject to the terms and conditions of this Agreement, this license granted to you by Snail Games USA is limited to a revocable, non-exclusive, non-transferable license to access and use Age of Wushu solely and exclusively for personal, entertainment, non-commercial use.

Restrictions. The foregoing license does not permit you to do any of the following, and you agree that doing so or attempting to do so is a violation of the rights of Snail Games USA, including infringement of its copyrights, and that if you breach any of these restrictions, you may be subject to prosecution and damages:

You may not rent, sell, redistribute, license, sublicense or otherwise transfer Age of Wushu, in whole or in part, or any reproduction thereof, to any person or entity;
You may not develop, distribute or host any server or software designed to interact with Age of Wushu or to redirect or emulate the communications protocols used by Snail Games USA.
You may not copy, decompile, reverse engineer, disassemble, derive the source code of, modify, tamper with, convert or otherwise create derivative works of Age of Wushu or any part thereof, except as and only to the extent any foregoing restriction is permitted by applicable law).
You may not develop, distribute, use any third party program or otherwise perform any act which, directly or indirectly, impacts the experience of Age of Wushu, including without limitation, software bots, cheats, hacks, or any software, viruses, malware, spam, spyware, worms, trojan horses, time bombs, trap doors or any other computer code, object, script, file or programs designed to (i) provide any user with an advantage; (ii) interrupt, damage or limit the functionality of, or to monitor the use of, any computer software, hardware, device or equipment; (iii) diminish the quality of, interfere with the performance of or impair the access or functionality of Age of Wushu or service to any other user, including without limitation, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (iv) breach or circumvent the security of, interfere with or disrupt Age of Wushu or any computer systems, servers, networks, hosts or services associated with Age of Wushu; (v) alter, edit, delete, remove or otherwise change the meaning or appearance of, or repurpose any Content (as defined below) or any other content or material on Age of Wushu or otherwise provided through the services and features made available on or through Age of Wushu, including without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices; (vi) access content or data not intended for you, or logging onto a server or account that you are not authorized to access; (vii) attempt to harvest or collect any unauthorized data or personally identifiable information about other users or otherwise harm the rights of other users; or (viii) otherwise restrict, inhibit or interfere with any other user’s use and enjoyment of Age of Wushu.
You may not use any software bot, spider, third party application or other manual or automatic device or otherwise perform any act to retrieve, index, “scrape,” “data mine,” create or compile, directly or indirectly, any collection, compilation, database or directory, or in any way reproduce or circumvent the navigational structure or presentation of Age of Wushu, or any part thereof, without Snail Games USA’s express prior written consent.
You may not reproduce, duplicate, copy, modify, adapt, rent, sell, resell, license, sublicense, distribute, transmit, publicly perform, publish or otherwise exploit for any commercial purpose any part of, use of or access to Age of Wushu.
You may not connect to any server, network or service associated with Age of Wushu except by using an authorized, unmodified server, network or service.
You may not post, display, perform, share, publish, distribute, submit, transmit or otherwise make available on or through Age of Wushu any user-submitted posting, chat, comment, message, in-game communication, conference, information, text, image, sound, link or other content, material or communication (“User Postings”) that, as Snail Games USA may determine in its sole discretion:
1. (i) may be identified as infringing, fraudulent, tortious, libelous, defamatory, obscene, misleading, vulgar, pornographic, abusive, intimidating, harassing, indecent, hateful, harmful to minors, offensive or otherwise in violation of any laws or rights of any person or entity, including without limitation rights of publicity, rights of privacy, intellectual property rights or other proprietary rights;
2. (ii) could give rise to any criminal or civil liability, advocates or encourages conduct that could constitute a criminal offense, promotes gambling, encourages or provides instructional information about illegal acts or acts such as “hacking,” “cracking,” or “phreaking”;
3. (iii) advertises or otherwise solicits funds or could be identified as a solicitation or promotion for goods and services;
4. (iv) delivers or causes to be delivered any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” investment opportunity or other form of solicitation that Snail Games USA considers to be of such nature;
5. (v) forges any TCP/IP packet header or any part of the header information in any User Postings using Age of Wushu; or,
6. (vi) is unlawful or unauthorized under any contractual relationship, including without limitation, confidential or proprietary information learned as part of an employment relationship or otherwise. You understand and agree that Snail Games USA reserves the right to terminate your receipt, transmission or other distribution of any above-stated subsection (h) material using Age of Wushu and, if applicable, to delete such material from its servers.
You may not (i) impersonate any person or entity without their consent, or otherwise misrepresent your identity or affiliation with any person or entity; or (ii) express or imply that Snail Games USA endorses any statement or material that you post, transmit or otherwise make available.
You may not attempt to gain unauthorized access to other computer systems, services, materials or information through Age of Wushu.
You may not use Age of Wushu for any fraudulent or unlawful purpose.

Ownership. Except as to User Postings (but not Unsolicited Submissions as defined below), the license granted to you under this Agreement confers no title or ownership interest in Age of Wushu and should not be construed as a sale of any rights to Age of Wushu.

Except as to User Postings, to the maximum extent allowed by applicable law, all rights, title, interest and intellectual property rights in and to Age of Wushu (including without limitation, accounts registered to you, in-game currency, points, credits, audio, video, photographs, illustrations, images, graphics, levels, maps, charts, indexes, copy, text, titles, logos, stories, storylines, dialog, catch phrases, characters, character names, locations, attributes, levels, symbols, objects, and other in-game items, as well as software, computer code, programming, animation, Javascript, Shockwave files, PDF files, data, content, materials, themes, settings, “look and feel,” concepts, designs, game play elements, formats, worlds and universe of Age of Wushu, rules and methods of play, methods of operation, and compilation, selection, coordination, arrangement, navigation, organization and enhancement of Age of Wushu, [collectively, “Content”], as well as any data, information or materials appearing in connection with your account or otherwise acquired from, generated by or made available in connection with Age of Wushu), in whole and in part, and any reproductions or derivatives thereof (including any patches, modifications, updates and upgrades) are owned and controlled, solely and exclusively, by Snail Games USA or, as applicable, their licensors.

You acknowledge that the copyright laws and other intellectual property laws of the United States, international treaties and conventions and other laws protect Age of Wushu, including but not limited to those regarding any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights. Age of Wushu may contain certain licensed materials and Snail Games USA’s licensors may protect their rights in the event of any violation of this Agreement.

User Postings. By posting, displaying, performing, sharing, publishing, distributing, submitting, transmitting or otherwise making available User Postings through or in connection with using Age of Wushu (including but not limited to any email services, bulletin board services, chat areas, news groups, forums, online communities, personal web pages, calendars, photo albums, file cabinets or other message or communication facilities designed to enable you to communicate with other users, collectively “Forums”), you hereby grant Snail Games USA, and its affiliates, officers, directors, employees, consultants, agents and representatives, a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable and fully transferable license to use, copy, reproduce, publicly display, publicly perform, adapt, translate, edit, modify, reformat, distribute, have distributed, broadcast, transmit, communicate to the public, provide access to electronically and promote User Postings, as well as all modified and derivative works thereof, without attribution to you or anyone, in any format or media now known or later developed, on or in connection with Age of Wushu, or for any business or promotional purposes related to Age of Wushu or Snail Games USA. To the extent permitted by applicable law, you hereby waive any and all rights that you may have under laws worldwide that concern “moral rights” or “droit rights,” or similar rights, or any rights of publicity or privacy in connection with your User Postings. You acknowledge that you have received good and valuable consideration in exchange for your granting this right in and to any of your User Postings, including but not limited to, your ability to participate in features and services offered on Age of Wushu, and that you are not entitled to any further compensation for use or other exploitation of such User Postings.

Additionally, you warrant and represent that you own the rights to User Postings or are otherwise authorized to post, display, perform, share, publish, distribute, submit, transmit, or otherwise make available User Postings. For the purpose of clarification, nothing in this Agreement authorizes you to incorporate into any User Postings any Content or other material owned by Snail Games USA, or its affiliates, directors, officers, employees, agents and representatives, and licensors. Nothing in this Agreement obligates Snail Games USA to use, exploit or otherwise make available any User Posting.

Your posting or submitting User Postings on or through Age of Wushu is governed by this Agreement and the Snail Games USA Privacy Policy, which is located here. Other than as expressly permitted under this Agreement, you may not download, post, display, perform, share, publish, distribute, submit, transmit, broadcast, modify, transfer, create derivative works from, rent, sell, resell, license, sublicense, or otherwise exploit any Content or any other content or material on Age of Wushu or otherwise provided through the services made available on or through Age of Wushu. Further, you acknowledge and agree that your User Postings are public, not private, and that you have no expectation of privacy with regard to your User Postings. If you choose to make any of your personally identifiable or other information publicly available through or in connection with your use of Age of Wushu, you do so at your own risk. Because your User Postings may be seen and used by others, Snail Games USA strongly encourages you not to disclose any personally identifiable information through your User Posting. If you do not wish to grant the rights granted in this Section 5, please do not post any User Postings on or through Age of Wushu.

Unsolicited Submissions. Notwithstanding anything to the contrary in this Agreement, Snail Games USA does not accept, invite or consider unsolicited submissions of ideas, proposals or suggestions (“Unsolicited Submissions”), whether related to Age of Wushu, its associated products or otherwise. We do not treat Unsolicited Submissions as confidential, and any Unsolicited Submission will become the sole property of Snail Games USA. Snail Games USA has no obligations with respect to Unsolicited Submissions and may use them for any purpose whatsoever without compensation to you or any other person.

Compliance with Intellectual Property Laws. When accessing or using Age of Wushu, you agree to obey the law and to respect the intellectual rights of others. Your use of Age of Wushu is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You acknowledge that Snail Games USA reserves its right to enforce its rights to the fullest extent of the law in the event of any violation of this Agreement. You also agree not to post, display, perform, share, publish, distribute, submit, transmit or otherwise make available any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property and you are to be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Postings you provide or transmit, or that is provided or transmitted using your account.

Monitoring. Snail Games USA reserves the right, but does not have an obligation, to (A) monitor, review, record, modify or alter all of User Postings before or after they appear on or through Age of Wushu; (B) seek to verify that all rights, consents, releases and permissions in or relating to such User Posting have been obtained by you in accordance with your representations above; (C) refuse, reject, or remove any User Posting, in whole or in part, at any time that in its sole discretion is objectionable or in violation of this Agreement or applicable law, or for any other reason or purpose. Snail Games USA is not responsible for any User Postings. However, Snail Games USA reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request. Snail Games USA may also impose limits on certain features of the Forums or restrict your access to part or all of the Forums, at any time, without notice or penalty, if Snail Games USA believes that you have breached any of this Agreement or applicable law, or for any other reason or purpose. Snail Games USA is under no obligation to monitor User Postings. If you become aware of any unlawful, offensive or objectionable material on Age of Wushu (except for material that infringes copyright, which is addressed in Section 22 below), please contact Snail Games USA at legal@snailgamesusa.com with your name and address, a description of the material at issue and the link to or location of such material.

Alleged Violations. Without limiting any other provision of this Agreement, Snail Games USA reserves the right to suspend, terminate or modify your access to or use of Age of Wushu for any conduct it deems inappropriate or for your breach of this Agreement, at any time, with or without notice to you. To ensure that Snail Games USA provides a high quality experience for you and other users, you agree that Snail Games USA or its employees, agents or representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of Age of Wushu. Snail Games USA intends to cooperate fully with any law enforcement officials or agencies in the investigation of any such conduct, of any violation of this Agreement or of any applicable laws. Snail Games USA does not intend to disclose the existence of an investigation unless required by law.

Financial Transactions. You may have an account without paying to participate in certain features or services of Age of Wushu. However, Snail Games USA may charge subscription or other fees to access certain features or services and participate in related activities on Age of Wushu or otherwise make products available for purchase. You acknowledge and agree that Snail Games USA is authorized, but not required, to act on payment instructions received from anyone using your account. You authorize Snail Games USA to (A) initiate debits or charges against your financial account or credit/debit card periodically for the amount then due for purchases made; and (B) initiate any other debits or charges authorized by you or anyone using the Snail Games USA account registered to you. All payments must be made in U.S. dollars from a U.S. bank or via alternative payment methods made available by Snail Games USA. You acknowledge that transactions may be facilitated by a third party payment processor (the "Processor"), and agree that Snail Games USA may share your information, including information about your financial accounts, with the Processor for this purpose. You acknowledge that Snail Games USA is not responsible for the information collection, usage and disclosure practices of any Processor. Further, you agree to abide by the Snail Games USA Store Terms of Service, incorporated herein by this reference, which is located here .

In accordance with the Snail Games USA Store Terms of Service, you may only order products if you are eighteen (18) years of age or older and have the legal right to use the payment method selected by you. If you are older than thirteen (13) years of age but under eighteen (18) years of age, you may only order products with the involvement of a parent or legal guardian having legal authority to do so. You agree to pay in full the prices and all applicable taxes for any purchases you make either by credit/debit card concurrent with your online order or by other payment methods acceptable to Snail Games USA. If Snail Games USA does not receive payment from your credit/debit card issuer or its agents, you agree to pay all amounts due upon demand by us. In conjunction with the Snail Games Store Terms of Service, certain products that you purchase on or through Age of Wushu may be subject to additional terms and conditions presented to you at the time of such purchase.

Privacy Policy. You acknowledge and agree that you have read and understand the Snail Games USA Privacy Policy, incorporated herein by this reference, which is located here . In the course of your use of Age of Wushu, at times you may be asked to provide certain personally identifiable information. If you choose to provide such personally identifiable information, such information must be complete and accurate. In accordance with the Snail Games USA Privacy Policy, you may control certain treatment of your personally identifiable information. In accordance with the Snail Games USA Privacy Policy, you acknowledge that Snail Games USA may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personally identifiable information, chat logs, payment information and other information about you and your activities in connection with your use of Age of Wushu in response to a request by law enforcement, a court order or other legal process, or if Snail Games USA believes that doing so may protect your safety or the safety of others, or otherwise believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including without limitation Snail Games USA’s right to cooperate with any legal process relating to your use of Age of Wushu and/or a third-party claim that your use of the Age of Wushu is unlawful and/or infringes such third party’s rights).

Consent to Use of Data. You agree that Snail Games USA may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to Age of Wushu. In accordance with the Snail Games USA Privacy Policy, Snail Games USA may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

Passwords and Accounts. In the event that you are required to open an account to access or use Age of Wushu, you must complete the registration process by providing the current, complete and accurate information requested. You may also be asked to choose a username and password. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access any of your usernames, passwords or accounts that you use to access or use Age of Wushu. You acknowledge that you are responsible for all activities or actions that occur under any username, password or account you use to access or use Age of Wushu. You may not use the username, password or account of any other user at any time. You may not choose a username that is used by any other user, that is vulgar, distasteful, inappropriate for public use, or otherwise offensive (as determined by Snail Games USA in its sole discretion), that infringes any trademark or other proprietary rights of others, or that violates this Agreement. Snail Games USA may reject, alter or change your username or require that you change any username, password or other account information that you may provide. You agree to promptly notify Snail Games USA of any unauthorized use of your username, password or account.

You grant Snail Games USA and all other individuals or entities involved in the operation of Age of Wushu the right to transmit, monitor, retrieve, store, and use your username, password and account information in connection with the operation of the Age of Wushu You acknowledge and agree that Snail Games USA and all other individuals or entities involved in the operation of Age of Wushu may contact you from time to time via e-mail for various promotional purposes. You acknowledge and agree that your account is personal to you and you may not transfer or make available your account to others. You acknowledge and agree that Snail Games USA cannot and do not assume any responsibility or liability for loss that you incur as a result of anyone else using your username, password or account, either with or without your knowledge. You may be held liable for any losses incurred by Snail Games USA, its affiliates, officers, directors, employees, consultants, agents, representatives and licensors because of another person or entity using your username, password or account.

Links to Age of Wushu Sites. You agree that if you provide a link from any third-party site to any site associated with Age of Wushu, such link is to open in a new browser window and link to the full version of an HTML-formatted page of such Age of Wushu site. You are expressly prohibited from linking directly to any image hosted on any Age of Wushu site or service, such as using an “in-line” linking method to cause the image hosted by Snail Games USA to be displayed on a third-party site. You agree not to link from any third-party site to any Age of Wushu site in any manner such that the Age of Wushu site is “framed” or otherwise surrounded by any third party content, materials or branding. Snail Games USA reserves all rights under the law to insist that any link to any Age of Wushu site be discontinued and, at any time, to revoke your right to link to any Age of Wushu site from any third-party site and block any links to any Age of Wushu site.

Links to Third-Party Sites. Certain sites, features or services associated with Age of Wushu may provide links to third-party sites that will allow you to leave Age of Wushu. The linked sites are not under the control of Snail Games USA and may collect data or solicit personally identifiable information from you. Snail Games USA has no control over, and is not responsible for, the content, performance, business practices or privacy policies of any third-party sites, or for the collection, use or disclosure of any information those sites may collect, even if those sites are owned or operated by partners or affiliates of Snail Games USA. Snail Games USA is not responsible for webcasting or any other form of transmission received from any linked third-party site. Snail Games USA provides such links to you only as a convenience, and the inclusion of any link does not imply recommendation or endorsement by Snail Games USA of the linked third-party sites or the content or other material associated therewith. Snail Games USA makes no representation or warranty with regard to third-party sites, including without limitation, any products, services, software or content provided on or through such sites.

Snail Games USA does not assume and, to the maximum extent permissible by law, is not to have any liability or responsibility to you or any other person or entity for any third-party sites, or for any content, data, materials, information, claims, advertising, code, products or services of third parties, for any transactions between you and any third party, for any claim or loss as a result of any third-party site, or for the performance, accuracy, integrity, quality, legality, usefulness or safety of, or intellectual property rights related thereto, of any third-party site. Snail Games USA has no obligation to monitor third-party links, and Snail Games USA may remove or restrict access to any third-party link at any time. Your access to and use of third-party sites, content and resources is at your own risk, and this Agreement is to govern your use of any and all linked third-party sites and the content or other material associated therewith.

NO WARRANTIES. Snail Games USA, and its affiliates, subsidiaries, officers, directors, employees, consultants, agents, representatives, partners, co-branders, contractors, content and service providers and licensors (collectively, “Snail GameS Parties”) hereby disclaim all warranties. Snail Games Parties are making Age of Wushu available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from the use of, or inability to use, the site or the service. You expressly acknowledge that your access to and use of Age of Wushu is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. No oral or written information or advice given by Snail Games Parties is to create a warranty. To the maximum extent permitted by law, Snail Games Parties expressly disclaim any and all warranties, express, implied or statutory, regarding Age of Wushu, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, operability or availability.

Snail Games USA does not warrant that Age of Wushu will meet your requirements or that the operation of Age of Wushu will be uninterrupted or error free. Snail Games Parties provide Age of Wushu on a commercially reasonable basis and do not warrant that you will be able to access or use Age of Wushu at times or locations of your choosing, or that Snail Games Parties will have adequate capacity for Age of Wushu as a whole or in any specific geographic area. Snail Games Parties also assume no responsibility, and are not to be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in Age of Wushu or your downloading of any Content associated therewith.

Snail Games Parties make no representations about the suitability of the content published on or through Age of Wushu for any purpose. The content published on or through Age of Wushu could include technical inaccuracies or typographical errors. Snail Games Parties cannot, and does not, guarantee the correctness accuracy, correctness, currency, content, completeness or quality of any of the content or information available on or through Age of Wushu, nor will Snail Games Parties be liable for any inaccuracy or omission concerning any of the content or information provided on or through Age of Wushu. Snail Games Parties expressly assume no responsibility or liability for any User Posting that is infringing, fraudulent, tortious, libelous, defamatory, obscene, misleading, vulgAr, pornographic, abusive, intimidating, harassing, indecent, hateful, harmful to minors, offensive or otherwise in violation of any laws or rights of any person or entity, including without limitation rights of publicity, rights of privacy, intellectual property rights or other proprietary rights.

Similarly, Snail Games Parties expressly assume no responsibility for the accuracy, correctness, currency, content, completeness or quality of third-party content to which you may have access when using Age of Wushu. While Snail Games Parties try to ensure that the content and information provided on or through Age of Wushu is accurate, correct and current, Snail Games Parties do not warrant the continuity of any features or services by or through Age of Wushu as between various releases, updates or upgrades thereof. Snail Game Parties reserves the right to make improvements or changes to Age of Wushu regarding these terms at any time.

Snail Games Parties make no warranties or representations regarding any products or services ordered or provided via Age of Wushu, and hereby disclaim, and you hereby waive, any and all warranties and representations made in ANY HEROES OF GAIA product or services LITERATURE OR DOCUMENTATION and otherwise on Age of Wushu sites or in correspondence with Snail Games Parties. Any products and services ordered or provided via Age of Wushu are provided by Snail Games Parties “as is,” except to the extent, if at all, otherwise set forth in a license or sale agreement separately entered into in writing between you and Snail Games USA or its licensor or supplier. Under no circumstances does your use of Age of Wushu form any relationship, whether implied or express, with Snail Games Parties. Snail Games Parties hereby disclaim any such relationship and any liability arising as a result of its use OR NON-USE of any content OR INFORMATION, including, without limitation, User Postings contained on Age of Wushu sites.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you. In such event, the liability will be limited to you as far as legally possible under applicable law.

LIMITATIONS OF LIABILITY. Snail Games Parties’ liability to you is limited. To the maximum extent permitted by law, in no event are Snail Games Parties to be liability for and you hereby waive all rights to claim, any loss or damage of any kind, including, but not limited to, personal injury, special, indirect, incidental, exemplary, punitive, liquidated or consequential damages, lost profits, loss of data, goodwill, game play, items or characters from delays, nondeliveries, misdeliveries, disruption of service, system downtime, or claims of third parties, regardless of the forseeability of those damages, arising out of or in connection with your use of, or inability to use, Age of Wushu, or the content, material and functions related thereto, or the Internet or for any other claim related in any way to your use of Age of Wushu or interactions with Snail Games Parties.

Further, Snail Games Parties are not to be liable for any damages of any kind arising out of any inaccuracy, delay, interruption in use or transmission, failure, error, defect, technical malfunction, problem, deletion or omission in connection with your use of or inability to use Age of Wushu, including any User Postings, CONTENT or information made available thereon. You acknowledge and agree that Snail Games Parties are not liable for any act or failure to act by you or any other person or entity regarding conduct, communication or content on or through Age of Wushu, or use of Age of Wushu. Some jurisdictions do not allow the limitation of liability for personal injury, or for incidental or consequential damages, so this limitation may not apply to you.

You agree that any claim or dispute arising in connection with your use of Age of Wushu must be brought and filed within one year of the date of the event giving rise to such action occurred, even if any applicable statute of limitations exists to the contrary. Your only right or remedy with respect to any problem or dissatisfaction with Age of Wushu is to cancel your account(s) and cease using Age of Wushu. In no event is Snail Games Parties’ total liability to You for any and all damages (other than as may be required by applicable law) to exceed the total fees paid by you, if any, for the purchase of the relevant product provided on Age of Wushu or the license to use Age of Wushu during the one (1) month period immediately prior to the time such claim or dispute arose.

WAIVER AND INDEMNITY. By accessing or using Age of Wushu, you agree to indemnify, defend and hold Snail Games Parties harmless, to the maximum extent permissible by law, from any and all third-party claims, damages, liabilities, losses, costs and expenses, including reasonable attorney’s fees and costs, with respect to any claims arising, directly or indirectly, out of your breach of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity, or your access to or use of Age of Wushu, or the posting or transmission of any User Posting or other materials on or through Age of Wushu by you or any other user of your account. Snail Games Parties will notify you promptly of any such claim, damage, liability, loss, cost or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, damage, liability, loss, cost or demand. Snail Games Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case, you agree to cooperate with Snail Games Parties’ defense of such claim, damage, liability, loss, cost or demand.

Termination. Snail Games USA may suspend, terminate, modify, or discontinue any aspect of Age of Wushu at any time. Without prejudice to any other rights of Snail Games USA and, as applicable, its licensors, Snail Games USA may restrict, suspend, modify or terminate your access to or use of Age of Wushu, your username, password and account or any files or information associated with your account if Snail Games USA believes that you are in breach of this Agreement or applicable law, or for any other reason without notice or liability. Snail Games USA maintains a policy that provides for the termination, in appropriate circumstances, of the limited license to access and use Age of Wushu granted under this Agreement of users who are repeat infringers of intellectual property rights.

Copyright and Trademark Notices. The Age of Wushu trademarks, logos, service marks, and trade names displayed on Age of Wushu are registered and unregistered trademarks or service marks of Snail Games USA or, where applicable, its licensors. All other trademarks, logos, service marks, and trade names referenced on Age of Wushu are the property of their respective owners. Any of the above-stated trademarks, logos, service marks, and trade names may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders.

Reservation of Rights. Snail Games USA, its licensors and, where applicable, other third parties may have patents, patent applications, trademarks, logos, service marks, and trade names, copyrights, or other intellectual property rights covering subject matter in Age of Wushu. Nothing contained on Age of Wushu should be construed to grant you any license or right to these patents, trademarks, logos, service marks, and trade names copyrights, or other intellectual property. Any rights not expressly granted in this Agreement or the policies and terms incorporated by reference are reserved by Snail Games USA or its licensors.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512(c)(2), (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on Age of Wushu infringe your copyright, you (or your agent) may send Snail Games USA’s Copyright Agent a notice requesting that Snail Games USA remove the material or disable access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:

Brandi M. Bennett
General Counsel
Snail Games USA, Inc.
P.O. Box 13039
Marina Del Rey, CA 90295
legal@snailgamesusa.com

Snail Games USA suggests that you consult your legal advisor before filing a notice or counter-notice.

Remedies. By using Age of Wushu, you acknowledge and agree that, notwithstanding any other provision of this Agreement, any breach or threatened breach of this Agreement by you will cause Snail Games USA and their licensors irreparable damage for which recovery of money damage would be inadequate and that Snail Games USA and their licensors may obtain timely injunctive relief to protect their rights under this Agreement, without bond, other security or proof of damages, in addition to any and all other remedies available at law or in equity.

Governing Law; Jurisdiction; Choice of Law. This Agreement, and the relationship between you and Snail Games USA, is subject to the laws of the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement or the rights and obligations of the parties shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the laws of the State of California, and as such law is applied to agreements between California residents entered into and to be performed within California, except as governed by United States federal law. You agree that the exclusive jurisdiction and venue for any claim or dispute relating to or arising out of this Agreement or this license will be in the state and federal courts of Los Angeles, California, in all disputes arising out of or relating to your use of Age of Wushu and you hereby irrevocably consent to the personal jurisdiction in such courts.

Snail Games controls and operates Age of Wushu from its offices in the State of California. Snail Games USA does not warrant that the contents or materials made available on or through Age of Wushu are appropriate or available for use in your location. You are responsible for compliance with any applicable laws, rules and regulations. If you choose to access Age of Wushu from other locations, you do so at your own initiative, and are responsible for compliance with any applicable local laws, rules and regulations. Your access or use of Age of Wushu should not be construed as Snail Games USA’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. All parties to this Agreement waive their respective rights to a trial by jury.

Updates. Snail Games USA reserve the right to, in its discretion, apply patches, updates, upgrades and modifications to the Age of Wushu game, or any part thereof, at any time, and after doing so game-play may change. Snail Games USA may also change, modify, suspend, or discontinue any aspect of Age of Wushu or impose limits on certain features or restrict your access to parts or all of Age of Wushu at any time, without notice or liability. This Agreement is to govern any patches, updates, upgrades or modifications to the Age of Wushu game and any modifications to any other aspect of Age of Wushu. While this license does not entitle you to any patches, updates, upgrades or modifications, they are not optional. You agree that Snail Games USA may deploy and install patches, updates, upgrades or modifications remotely, with or without your knowledge.

Changes to the Agreement. Snail Games USA reserves the right to update this Agreement, in whole or in part, at its sole discretion, and without prior notice, and the revised version of the EULA is to become effective when posted. You agree to review the revised EULA and other online policies posted on Age of Wushu sites periodically to be aware of any revisions. By continuing to access or use Age of Wushu following any posting of any revision, you agree to be bound by any such revision and Snail Games USA is not to liable to you or to any third party should Snail Games USA exercise such right. If you do not agree to any such revised EULA or if at any time you are no longer able to comply with the terms of the then-current EULA, you must immediately stop using the Age of Wushu and terminate your account.

Export Control Laws. Age of Wushu is subject to applicable export control laws and restrictions. Age of Wushu may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using Age of Wushu, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use Age of Wushu products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. Further, you acknowledge and agree that You will indemnify and hold Snail Games USA and its licensors harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees and costs) arising from or relating to any breach by you of its obligations and warranty under this provision.

Waiver. The failure of Snail Games USA to exercise or enforce any right or any term or condition of this Agreement shall not affect Snail Games USA’s full right to do so at any time thereafter; nor shall a waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, be taken or held to be a waiver of the term or condition itself or any subsequent breach thereof.

Severability. If any part of this Agreement is for any reason found to be unenforceable by a court or regulator having jurisdiction, all other parts nevertheless remain valid and enforceable to the maximum extent possible. In lieu of the enforceable provision, the parties will substitute as part of this Agreement an enforceable provision that will be only to the extent necessary.

Miscellaneous. The terms set forth in this Agreement, including the No Warranties, Limitation of Liability and Waiver and Indemnity provisions are fundamental elements of the basis of the agreement between Snail Games USA and you. Snail Games USA would not be able to provide the Age of Wushu on an economic basis without such limitations. Such provisions inure to the benefit of Snail Game USA’s licensors, successors and assigns. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of Snail Games USA. You may not assign this Agreement, in whole or in part, without Snail Game USA’s prior written consent and any attempted assignment in violation of this provision shall be null and void. This Agreement, incorporating all the applicable documents and policies referenced herein, represents the entire agreement between you and Snail Games USA with respect to the Age of Wushu and supersedes all prior agreements between you and Snail Games USA pertaining to Age of Wushu. You must supply all necessary facilities, utilities and equipment necessary to play the Age of Wushu game, including appropriate computer equipment and Internet connections, at your sole risk and expense.