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2. THE LEVEL UP EULA The Level Up End User License Agreement or EULA is the backbone of the MC. Familiarize yourself with the EULA HERE:You are about to join an online community (the "Community") provided and operated by Level Up! Inc. (the "Company"). YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT (THE "AGREEMENT") BEFORE INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE PROGRAM. BY DOING ANY OR ALL OF THE FOREGOING ACTS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. Your participation in the game and membership in the Community shall be governed by the following terms and conditions: The computer software installs a massively multi-media online game (hereafter referred to as the "Game" or "Game Client") into your hardware to allow you to play the Game through your account (the "Account") through an online medium for pay to play via the internet (the "Service'), which the Company/Licensor (as hereafter defined) hereby grants, and by installing the Game Client you thereby accept a limited, non-exclusive license and right to install the Game Client for your personal use and agree that all use of the Game Client is subject to this License Agreement, which you must accept before you can use your Account to play the Game through access to the Service. Licensor reserves the right to update, modify or change the provisions of this License Agreement at any time. 1. OWNERSHIP 1.1 All title, ownership rights and intellectual property rights in and to the Game and all copies thereof, as well as in and to items used and/or incorporated in the Game, including, but not limited to, any titles, computer codes, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation and "applets" (such items being hereinafter collectively referred to as the "Intellectual Property") are owned and/or expressly licensed to Company by the owner of the Game (the "Licensor"). The Game and the Intellectual Property are protected by the copyright laws of the Philippines , international copyright treaties and conventions and other laws. All rights are reserved. The Game may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement. 2. RESPONSIBILITIES OF END USER 2.1. You may not use the website of the Company or the Game (the "Website"), or the Game, to promote or solicit commercial activities to and from the other players or members. As such, you may not use the website to post solicitations or advertisements, nor shall you use the same to send spam/junk e-mail. You are hereby prohibited from posting any links to other websites, particularly those to or from any other MMORPG publishers, distributors, or competition. The Company reserves the right to delete and/or terminate any such links or posts without informing the user. 2.2. You are encouraged to report any bugs, errors or suggestions to enhance the Game experience through the proper protocols and procedures being used by the Company. You may do this by visiting our online Customer Support System at www.levelupsupport.ph . 2.3. You agree to be solely responsible for your interactions with the other Community participants/members. To this end, you shall be solely responsible for the contents of any post made by you in the Gameroom and/or Website, provided, however, that the Company shall have the right to exercise its rights with respect to content considered as Offensive Content (as defined below). Notwithstanding the exercise by the Company of such rights, you specifically agree that the Company is and shall not be responsible or liable in any manner for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other member of the Community against you or any other person. 2.4. The Company shall have the right to review and delete any content, message or such other posting (collectively "Content") that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or might violate the rights, harm or threaten the safety of other players, or infringe upon the rights of other players/members. The following Content (hereafter referred to as "Offensive Content") shall not be allowed in the Game or in the Website: d. any other Content similar to any of the above enumerated items. 2.5. For security reasons, the Company encourages you not to post your personal information, particularly your password(s), indiscriminately within the Gameroom and/or Website. When using computers which third parties have access to, the Company further encourages you to exercise recognized precautionary measures to prevent third parties from accessing your Account and personal information. The Company shall not be liable for any personal information that you disclose to the other members/players of the Game or other members of the Community, or which they may gain access to by reason of your inadvertence or through methods not within the control of the Company. Neither shall the Company be liable for any damages that you may sustain by reason of such disclosure of or access to your personal information. 2.6. You shall not transmit, post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the Company and/or the owner of such proprietary rights. You agree not to transmit, post, distribute or reproduce in any way any material that violates the rights of another, including but not limited to the intellectual property rights thereof. You specifically acknowledge and agree that the Company shall not be liable to any party for the infringement or violation of its rights, including its intellectual property rights. In the event of a violation of this provision, the Company shall be entitled to avail of all remedies provided for herein and under applicable law. 2.9. You are responsible for maintaining the confidentiality of your password(s), and you will be responsible for all uses of your password(s), whether or not authorized by you. The Company does not warrant that the Website or the Game shall be free of viruses and other harmful components, or that the same is hack-proof or safe from computer hackers. Hence, the security of your Account is your sole responsibility, and the Company exhorts you to take all precautionary measures to safeguard the integrity of your operating system and your accounts when using the Gameroom and/or Website. You are urged to take all reasonably available and/or generally accepted methods of ensuring such security, such as the installation of anti-virus software and firewalls in your personal computer. The Company is not responsible in the event that your Account is "hacked," or if your Account or computer is damaged by a virus, or for any other issues with your computer or your Account that you may experience in connection with your use of the Game. If you think that your Account has been compromised, we urge you to contact the NBI or CIDG. The Company will assist these agencies on a "best efforts" basis. 2.10. The Company shall not be liable for any damages you may sustain as a result of computer viruses and other harmful components, or as a result of hacking or tampering by third parties. The Company will NOT compensate any hacked or compromised Account. 2.11. You warrant that you have the authority to post the information or material that you have posted or may post in the Website, and that you have the right to grant to the Company and the other members of the Community the right to access of and use of such information and materials. 2.12. You agree to indemnify and hold the Company, its officers and employees, harmless from any claim, demand, or damage, including reasonable attorney's fees, asserted by any third party due to or arising from the content you transmit to or through, as well as your conduct in or arising from the use of the Game and/or Website. 2.13. You agree that you shall not, under any circumstances: (i) exploit the Game or any of its parts, including, but not limited to, the Game Client, for any commercial purpose, including, but not limited to, use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of the Company; (ii) host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Licensor/Company in any way, including, without limitation, through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including, but not limited to, unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks; or (iii) create or maintain, under any circumstance, any unauthorized connections to the Game or the Service. All connections to the Game and/or the Service, whether created by the Game Client or by other tools and utilities, may only be made through methods and means expressly approved by Company. Under no circumstance may you connect, or create tools that allow you or others to connect, to the Game's proprietary interface or interfaces other than those expressly provided by Company for public use; or (iv) do or cause to be done any act similar to or analogous to any of the foregoing enumerated items. 3. OTHERS THE COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OF OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED IN THE GAME AND/OR THE SERVICE. THE COMPANY SHALL DOES NOT WARRANT AN UNINTERRUPTED OR ERROR-FREE SERVICE, AND THE COMPANY NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING, BUT NOT LIMITED TO, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. 3.1. You acknowledge and agree that all content posted by the Company in the Website, including the advertisements found therein, and the Game software, are owned by and/or licensed to the Company and/or by its partners. You may not therefore appropriate the same for any purpose without the express authority of the Company. 3.2. In the event of cases involving abuse, hacking or other violations of this any of the provisions of this Agreement or Philippine law, the Company has the RIGHT AND OBLIGATION to provide information to the appropriate law enforcement agencies upon the latter's formal request for such information. 4. CHANGES TO END USER LICENSE AGREEMENT 4.1. The Company reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement. The Company will post notification of any such changes to this Agreement in the Game and/or Company Website(s) and will post the revised version of this Agreement in this location. The Company may elect, in its sole discretion, but shall not be obligated, to provide notice by other means, such as e-mail, postal mail, through official fora or via pop-up screens. All changes shall be effective immediately on the date of notice. |
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