The following terms of service (the “Terms of Service”) govern Your access to and use of Services (as defined below) relating to the Game Title described above, to the extent operated by Xhinobi. (“XHINOBI”) and form a legally-binding agreement between You and XHINOBI, as set forth below.
IMPORTANT: XHINOBI MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE GAME (AS DEFINED BELOW) AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR ACHIEVEMENTS EARNED, COMPLETED, OR VIRTUAL ITEMS UNDER YOUR CONTROL. XHINOBI RESERVES THE RIGHT TO MAKE THESE UPDATES AND WILL NOT BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT CONSEQUENCES OF SUCH CHANGES. YOUR USE OF ANY OF THE SERVICES IN CONNECTION WITH THE GAME, AS DEFINED BELOW, IS ALSO SUBJECT TO ADDITIONAL TERMS AND CONDITIONS SET FORTH IN THE END USER LICENSE AGREEMENT APPLICABLE TO THE GAME.
IF THIS DOCUMENT HAS BEEN PRESENTED TO YOU IN A LANGUAGE OTHER THAN ENGLISH, PLEASE NOTE THAT ANY DISAGREEMENT OR INCONSISTENCY BETWEEN THE TERMS OF THE ENGLISH LANGUAGE VERSION AND THE VERSION PRESENTED TO YOU SHALL BE RESOLVED IN FAVOR OF THE ENGLISH LANGUAGE VERSION, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
SCOPE OF SERVICES, ACCEPTANCE, & UPDATES TO TERMS OF SERVICE.
Scope of Services. These Terms of Service set out the terms and conditions under which You may access and utilize any online or downloadable features of the Game Title referenced above (which includes the software stored on any tangible recording media purchased by You, if any, or downloaded by You (collectively, the “Game”)), which may include certain online multi-player functionality and features, Community Events (as defined below), downloadable “patches” and other software updates for the Game, the Online Store (as defined below), Virtual Items (as defined below), Game Currency (as defined below), and other additional Game Content (as defined below) and Online Features (as defined below), together with any websites or forums relating to the Game, as operated by XHINOBI (collectively, the “Services”). XHINOBI reserves the right to refuse offering the Services to any individual, to the fullest extent permitted by applicable law.
Effective Date & Updates to Terms of Service. If, at any time, on or after the Effective Date first set forth above (the “Effective Date”), You access the Services and were presented with these Terms of Service (including as embedded in a copy of the Game), You and XHINOBI are legally bound by the terms of these Terms of Service until either: (i) these Terms of Service are terminated by You or by XHINOBI, as permitted herein; or (ii) these Terms of Service are superseded by an updated terms of service applicable to the Game’s Services that were presented to, and accepted by You after the Effective Date. XHINOBI reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Service or any element of the Services. Any revisions to Terms of Service affecting existing Services shall be effective thirty (30) days after posting, and terms of service for additional services (i.e., those not covered by these Terms of Service) are effective immediately upon posting at the URL set forth in the Addendum attached to these Terms of Service, which You hereby agree to periodically visit and check, for any changes, updates, or additions to these Terms of Service.
INTELLECTUAL PROPERTY RIGHTS.
Intellectual Property Rights in the Services. The Services are licensed for use only under these Terms of Service, unless superseded, as described in Subsection 1.b above, or by a separate written license agreement, executed by an authorized representative of XHINOBI, in which case the terms of that separate XHINOBI license agreement will control over these Terms of Service. Except for the rights granted under the License set forth in Subsection 2.c, all intellectual property rights in and to the Services and all title and interest therein, are owned exclusively by XHINOBI and/or its licensors and are protected by domestic and foreign copyright laws and international treaties. Except as required by applicable law, the License granted to You by XHINOBI does not convey to You, nor authorize you to earn or acquire any interest, monetary or otherwise, in any element, feature, or content contained in or relating to the Services. As between You and XHINOBI, XHINOBI reserves all rights in and to the Services that are not expressly granted to You through these Terms of Service.
Preconditions of License. The License set forth in Subsection 2.c, below, is specifically conditioned upon the following and Your full compliance with all other terms and conditions set forth in these Terms of Service:
You have reached the age of majority in Your jurisdiction. If You are under the age of majority in Your jurisdiction, Your legal representative (e.g., a parent or a person who has legal parental authority over You) must agree on Your behalf to comply, and take full responsibility for Your compliance, with these Terms of Service prior to Your use of the Services;
You agree to and comply with all of the terms in these Terms of Service, and any additional terms as may be applicable to the Services, Your acceptance of which is evidenced by Your access to and use of the Services;
You agree not to access or otherwise use the Services in any way except on a device owned or controlled exclusively by You, running a validly-licensed copy of the operating system with which the Services are designed to operate and which meets the minimum requirements set by XHINOBI (collectively, the “Hardware”);
You have accepted and are in compliance with XHINOBI’s end user license agreement applicable to the Game; and
You have fully complied with all security measures necessary for You to make full use of the Services, which may require registration of the Game with a serial code, access to the Internet, and/or the acceptance of certain security/digital rights management features. Your failure or inability to fully comply with such security measures may impair or prevent You from accessing or making use of the Services.
Limited Use License. Subject to your strict compliance with the terms of these Terms of Service, XHINOBI grants You a non-exclusive, non-transferable, revocable, limited right and license to access and use the Services, solely for Your own personal use, through Your Hardware (the “License”). Any commercial use of the Services by You is strictly prohibited. You are responsible for paying all fees, taxes, and other costs You may incur to access and use the Services, including, but not limited to, costs for purchasing or maintaining Your Hardware, Your Internet service, and any other third party products or Third Party Services required to access any of the Services. Neither these Terms of Service, nor Your access to or use of the Game, entitles You to such Hardware, Your Internet service, such products or service, any future releases of the Game or any expansions, sequels, or similar or ancillary products, or any additional services that may be offered in connection with the Game under separate terms. You hereby expressly acknowledge that you do not have and will not acquire any interest, monetary or otherwise, in any feature or content contained in or relating to the Services.
ONLINE FEATURES, VIRTUAL ITEMS, & GAME CURRENCY.
Online Features. Through the Services, You may be permitted to access certain online or downloadable features which may include online multi-player functionality and features, including Community Events (as defined below), downloadable “patches” and other software updates for the Game, the Online Store (as defined below), Virtual Items (as defined below), Game Currency (as defined below), and other additional Game Content (as defined below) not fully-included or made accessible in the copy of the Game initially obtained by You (collectively, the “Online Features”). Except as required by applicable law, XHINOBI cannot and will not guarantee Your access to any Online Feature of the Game, and hereby expressly disclaims any liability arising from Your inability to access any Online Feature of the Game, for any reason.
Community Events. The Online Features may include certain community events, such as tournaments, sweepstakes, and contests (collectively, “Community Events”), which may allow players to win Virtual Items, Game Currency, and other prizes. Your participation in Community Events will be subject to the terms set forth in these Terms of Service, and any other applicable terms, conditions, and rules
Virtual Items & Game Currency.
License to Virtual Items & Game Currency. Through the Online Features, XHINOBI may offer You the opportunity to obtain a limited License for certain in-Game virtual goods or services (collectively, “Virtual Items”) by completing certain in-Game tasks or activities, as specified therein. Certain Virtual Items may be exchanged or redeemed, by You, within the Game (collectively, “Game Currency”) to obtain a limited License for other Virtual Items or other forms of Game Currency. Except as prohibited by applicable law or as otherwise set forth in these Terms of Service, all Virtual Items and Game Currency: (i) are subject to the License terms set forth in Section 5, above, regardless of how obtained; (ii) do not have any equivalent value outside the Game; (iii) may not be used as a substitute for, and may not be redeemed or exchanged for real currency or tangible goods or services; (iv) may not be redeemed, transferred, sold, exchanged, traded, leased, sublicensed, or rented, except through the Game and only as expressly permitted by XHINOBI; (v) may be subject to actions, undertaken by XHINOBI in its sole discretion, that may impact any perceived value of such Virtual Items or Game Currency, including by managing, modifying, suspending, and/or removing such Virtual Items or Game Currency from the Game without prior notice to You; and (vi) are subject to the same age rating as the Game.
Termination of License to Virtual Items & Game Currency. Except as otherwise required by applicable law or expressly set forth in these Terms of Service, Your License to any Virtual Items or Game Currency will terminate upon the earlier occurrence of either: (i) Your consumption or loss of such Virtual Items through normal play or usage of the Game (including the Game’s Online Features); (ii) Your redemption or exchange of such Game Currency for any other Virtual Item or other form of Game Currency; or (iii) termination of these Terms of Service, as permitted herein. Except as otherwise prohibited by applicable law, XHINOBI reserves and retains all rights, title, and interest in and to all Virtual Items and Game Currency.
Online Store, Purchased Virtual Items, & Purchased Game Currency. The Online Features may also include or enable You to access an online marketplace (the “Online Store”), through which You may be permitted to create an account, maintain an account balance, and/or purchase a limited License to certain Virtual Items (collectively, “Purchased Virtual Items”) and/or Game Currency (collectively, “Purchased Game Currency”). All purchases of Purchased Virtual Items and Purchased Game Currency are processed and made through PaymentWall, Inc., as merchant of record (the “Payment Processor”) Once the Payment Processor has verified all any payment required from You, Your license to any corresponding Purchased Virtual Items or Purchased Game Currency will be activated or made accessible in or through the copy of the Game on Your Hardware, automatically, or by following and completing any necessary instructions provided to You at the time of Your purchase, provided that Your Game and Hardware are then electronically connected to the Game’s Online Features. In the event Your payment has been processed, but the License to the corresponding Purchased Virtual Items or Purchased Game Currency has not been activated or made accessible as described above, please contact XHINOBI customer support at: https://www.Xhinobi.com/. Except for the purchase price applicable to any Purchased Virtual Items or Purchased Game Currency, XHINOBI will not charge You any additional fees to access, use, or to refrain from using any Purchased Virtual Items or Purchased Game Currency.
Access to Services, Online Store & Virtual Items. XHINOBI expressly reserves the right to refuse any request or attempt to acquire or purchase Virtual Items, for any reason. Except as required by applicable law, XHINOBI does not guarantee that any Virtual Items, Game Content, or specific Service will be available at all times or at any given time or that XHINOBI will continue to offer particular Virtual Items, Game Content, or specific Services for any particular length of time. XHINOBI reserves the right to change, update, or remove Virtual Items, Game Content, or specific Services without prior notice to You.
Refunds & Redemption of Purchased Virtual Items & Purchased Game Currency. Except as otherwise required by applicable law or expressly set forth in these Terms of Service, all purchases of Purchased Virtual Items and Purchased Game Currency are final and are not refundable, transferable, or exchangeable and will be deemed delivered to and accepted by You once the corresponding License is activated or made accessible in or through the copy of the Game on Your Hardware. Without limiting the foregoing, Purchased Game Currency will be redeemed upon the earlier occurrence of either: (i) Your election to exchange such Purchased Game Currency for a limited License to any other Virtual Item, including any other form of Game Currency, within the Game; or (ii) issuance of a refund to You of the amount paid to purchase the limited License for such Purchased Game Currency, if required by applicable law. Except as otherwise prohibited by applicable law, any monetary value paid for a limited License to any Purchased Game Currency will be nullified by Your redemption of such Purchased Game Currency and will not carry over or persist in any other Virtual Items or other forms of Game Currency obtained through such redemption.
CODE OF CONDUCT, ONLINE COMMUNICATIONS, & USER-GENERATED CONTENT.
Code of Conduct. You are solely responsible for Your behavior when accessing or using the Services, in any way. Any violation of the “Code of Conduct” set forth in this Section 4.a may result in suspension or termination of Your account and/or Your access to the Services and any other action XHINOBI deems necessary to enforce this Code of Conduct. The License granted to You in Subsection 2.c is strictly conditioned upon Your strict compliance with the terms of these Terms of Service, including Your forbearance, whenever You access the Services, from:
Using or distributing any unauthorized “auto” software programs, “macro” software programs or other “cheat utility” software program or any other application intended to give any player of the Game an advantage over other players;
Uploading files that contain a virus, worm, spyware, time bombs, corrupted data, or other computer programs that may damage, interfere with or disrupt the Services;
Promoting or encouraging any illegal activity, including hacking, cracking, or distribution of counterfeit software;
Transmitting or facilitating distribution of “hate speech” or any other content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or objectionable, as determined by XHINOBI, in its sole discretion;
Accessing the Services using any technology intended to mask or conceal your IP address, including any proxies, virtual private networks, or remote access services;
Impersonating any person or entity, including celebrities, government officials, XHINOBI officials, forum leaders, guides, hosts, employees, or agents, or otherwise misrepresenting Your affiliation with any person or entity;
Harassing, threatening, stalking, coercing, embarrassing, or doing anything else to another user of the Services that is unwanted, including by making personal attacks or statements about race, ethnicity, heritage, sexual orientation, religion, or disability, or using offensive or defamatory usernames or personas;
Disclosing Your own or other users’ personal information to third parties or attempting to get a password, account information, or other private information from any other user of the Services;
Doing anything that interferes with the ability of other users to enjoy playing the Game or that materially increases the expense or difficulty of XHINOBI to maintain the Game for the enjoyment of all players;
Violating any applicable laws or regulations including, but not limited to, by posting, transmitting, promoting, or distributing content without all necessary permissions;
Exploiting, utilizing, or communicating unauthorized exploits of the Game to any other player (excluding XHINOBI customer support staff), which would give You or such player an advantage over any other player of the Game;
Impeding or disrupting the Services or the normal flow of gameplay or dialogue or use vulgar language, abusiveness, excessive shouting (e.g., ALL CAPS), “spamming,” or any other disruptive or detrimental methods in an attempt to disturb other users of the Services;
Intentionally disconnecting from the Services during online gameplay or allowing Yourself to be defeated by a given player repeatedly to help boost their rankings or win counts in the Game;
Violating any other terms or policies communicated by XHINOBI, from time to time.
Allowing any terminated or suspended player of the Game to access the Services through any account created by You;
Posting messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities;
Attempting to sell, buy, trade or otherwise transfer Your XHINOBI Game account or any personal access to the Services, the Game, or any portion thereof, including through the use of third party “auction” websites.
Attempting to interfere with, hack into, decrypt, or decipher any transmissions to or from any server supporting the Services; or
Modifying any part of the Services without XHINOBI’s express written authorization to do so;
Improperly using in-Game support or complaint buttons or making false reports to XHINOBI customer support;
Reporting Code of Conduct Violations. If You encounter another user who is violating any provision of the Code of Conduct set forth in Subsection 4.a, through a specific Service, please report this activity to XHINOBI using the “Help” or “Report Abuse” functions available through such Service.
Online Communications. Certain Online Features may enable You to communicate with other players, including players on other platforms. You acknowledge and agree that such communications shall be subject to all such platform operators’ terms and conditions and that XHINOBI does not screen content of postings or communications through the Services before such content is shown to You. XHINOBI does not assume any liability for User-Generated Content, including for any failure to remove, or any delay in removing User-Generated Content. XHINOBI expressly disclaims any expectation of privacy with respect to any User-Generated Content You may create or contribute through the Services, including through any forum posting or online chats, and reserves the right to review all such User-Generated Content whenever XHINOBI reasonably suspects a violation of this Section, or any other provision of these Terms of Service may have occurred. XHINOBI may, but is not obligated to store all such User-Generated Content for a period of no fewer than ninety (90) days. Without limiting any of its other rights and remedies under these Terms of Service or applicable law, if XHINOBI objects to any User-Generated Content for any reason, XHINOBI, in its sole discretion may (either itself or, if applicable, by request to the platform operator): (a) remove the User-Generated Content; (b) give warnings to responsible users; and/or (c) restrict, suspend, or terminate access to and use of the Game’s Online Features without prior notice. You agree that You are and will be, at all times, personally responsible for Your access to and use of the Services, and for all of Your communication and activity in connection with the Services, including any User-Generated Content.
User-Generated Content. The Services may enable You to create, upload, publicly distribute, or otherwise take attribution for certain forms of creative content (“User-Generated Content”) through such Online Features. XHINOBI may, without prior notice to You and in its sole discretion, remove User Generated Content that violate any term or provision of these Terms of Service. With respect to any such User-Generated Content created, uploaded, or otherwise attributable to You:
You hereby grant XHINOBI and its licensors a perpetual, irrevocable, royalty-free, fully-transferable, and sub-licensable right and license to use such User-Generated Content in any way, throughout the world, for any purpose, including copying, adapting, modifying, creating derivative works from, publicly performing, displaying, publishing, broadcasting, transmitting, distributing, and otherwise exploiting such User-Generated Content, by any and all means and media, whether now known or hereafter devised, for the entire duration of any intellectual property rights you hold, in whole or in part, in such User-Generated Content, without any further notice or compensation of any kind to You (the “UGC License”), provided that such UGC License is granted on a non-exclusive basis (unless subject to Subpart 4.e.iv, below);
To the extent permitted by applicable law, You hereby waive any moral rights of attribution, publication, reputation, or paternity, with respect to any use or enjoyment of such User-Generated Content, by XHINOBI, its licensors, and any other users of the Services, for the entire duration of such rights under applicable law (the “UGC Waiver”); and
You agree that you shall not, and shall not allow any third party to create, upload, or otherwise attribute to You any User-Generated Content in which any third party holds any intellectual property rights.
User-Generated Content Incorporating Game Content. Unless otherwise expressly authorized by XHINOBI in writing (including through in-Game notifications and/or the rules or terms of certain Community Events), by incorporating or utilizing in any User-Generated Content any imagery, video, audio, or other creative elements from the Game (collectively, “Game Content”), You acknowledge and agree that:
Doing so is prohibited by, and violates the terms of these Terms of Service;
XHINOBI and its licensors reserve the right to enforce any intellectual property rights XHINOBI and/or its licensors hold in or to any Game Content incorporated in such User-Generated Content;
Any delay or failure by XHINOBI or its licensors to remove or demand the removal of such User-Generated Content shall not constitute a waiver of any right to remove or demand the removal of such User-Generated Content;
All such User-Generated Content shall be subject to the UGC Waiver set forth above, and the UGC License, but granted solely to XHINOBI, on an exclusive basis; and
Upon request by XHINOBI, at Your own expense, You shall take all reasonably steps to ensure that all copies of such User-Generated Content within your possession, custody, or control are securely destroyed or deleted, including all copies uploaded to or stored on or accessible through any third party services.
ACCOUNT ACCESS, SUSPENSION & TERMINATION OF SERVICES & ACCOUNTS. These Terms of Service are effective and legally-binding upon You and XHINOBI, as set forth in Subsection 1.b, and will remain in effect until terminated by You or XHINOBI as set forth below.
Account Access. An account may be required to access and use certain Services. To create an account, You must satisfy all preconditions of these Terms of Service, as set forth in Subsection 2.b, have a valid email address, and provide truthful and accurate information in creating such account. You must be eligible to use the Service for which You are registering. Some XHINOBI Services may require creation of a “user name” or a “persona,” which may be linked to any account You create. You are solely responsible for all activity on Your account. Your account may be terminated if someone else uses it to engage in activity that violates these Terms of Service or is otherwise improper or illegal. You should not reveal Your account password to others. XHINOBI will not ask You to reveal Your password, or initiate contact with You asking for answers to Your password security questions.
Termination by XHINOBI. XHINOBI may terminate these Terms of Service, as applicable to You, all accounts You’ve created for accessing the Services and the License granted hereunder, if You fail to cure any violation of these Terms of Service within thirty (30) days’ of being given notice of such violation. If You are a repeat violator of provisions of these Terms of Service, XHINOBI expressly reserves the right to terminate these Terms of Service, as applicable to You, including Your access to any account you’ve created for accessing the Service, without prior notice to you. If XHINOBI limits, suspends, or terminates your access to the Services or these Terms of Service, as applicable to You, XHINOBI may take such action(s) with respect to each and every account you have created for accessing the Services (i.e., not only with respect to the account associated with any violation), and may cause You to lose any user name(s) or persona(s) associated with such accounts. Except as otherwise prohibited by applicable law, if XHINOBI terminates these Terms of Service, as applicable to You, Your rights to access and use the Services, including any License to Virtual Items, user data, points, character progress, and any other information of any kind related to the Services, will terminate immediately, You must cease all use of the Services, and You may not resume participating in any Service offered by XHINOBI without XHINOBI’s express written permission. Except as required by applicable law, no refund will be issued to You following termination of these Terms of Service, as applicable to You.
THIRD PARTY SERVICES & LINKS TO THIRD PARTY SITES.
Third Party Services. For Your convenience, the Services may enable integration with and access to certain services operated by a third party (“Third Party Services”), as set forth in the end user license agreement applicable to the Game (or any Addendum attached thereto). To the fullest extent permitted by applicable law, Your use of the Services constitutes your acknowledgement that: (i) Accessing such Third Party Services may require the purchase of additional third party products, Internet access, and/or entering into a separate paid license agreement with the provider of such Third Party Services; (ii) XHINOBI is not affiliated with, does not endorse, and has no authority to exercise direct control over the providers of such Third Party Services; (iii) XHINOBI is not responsible for examining or evaluating and expressly disclaims all representations and warranties regarding the accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect of such Third Party services, or the privacy practices of the providers of such Third Party Services; (iv) any use of such Third Party Services is at Your sole risk and liability, including compliance with any terms, conditions or laws applicable to such Third Party Services; (v) any costs incurred by accessing such Third Party Services, shall be borne solely by You; and (vi) except as otherwise expressly set forth in these Terms of Service, XHINOBI is not and will not be liable for any failure or loss of access to or use of such Third Party Services, even if caused by XHINOBI’s termination of the License granted to You under these Terms of Service, these Services or the Game’s integration with Third Party Services. Notwithstanding the foregoing, XHINOBI reserves the right to change, suspend, remove, or disable any integration between the Services or the Game and such Third Party Services, at any time, without prior notice to You.
Links to Third Party Sites. The Services may include hyperlinks to websites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. XHINOBI does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect. Any access to or use of such third party sites is solely at Your own risk and liability.