END USER AGREEMENT
THIS END USER AGREEMENT ("AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS ON WHICH MIRACLE CASTLE
& MIRA GAME LTD. (THE "COMPANY") OFFERS YOU ACCESS AS AN END USER ON TALISMAN ONLINE
("TALISMAN" OR THE "GAME"). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. BY CLICKING
ON THE "I AGREE" BUTTON, YOU ACCEPT AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS
AND CONDITIONS OF THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS; IN WHICH EVENT, YOU WILL BE
GRANTED ACCESS TO PLAY TALISMAN ONLINE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
PLEASE CLICK ON THE "I DO NOT AGREE" BUTTON OR PROMPTLY EXIT THIS PAGE.
1. TERMS OF AGREEMENT
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Terms of Agreement. Miracle Castle & Mira Game Ltd. (The "Company") offers to allow you
to play its multi-player online computer game "Talisman Online" on a free-to-play basis
conditioned upon your agreement to all of the terms and conditions contained in this Agreement and
your compliance with the posted Rules of Conduct (See the Company's Rules of Conduct for more
details). The Game is free to play with no monthly subscription fees. The Company makes money by
selling virtual items for you to use in game. Your use of Talisman Online constitutes your agreement
to all such terms and conditions and your compliance of the Member Conduct. To confirm your agreement,
you should click on the "I Agree" button at the end of this Agreement. If you do not so
agree, you should click on the "I Do Not Agree" button at the end of this Agreement, in
which case you reject the offered terms of use and will not be permitted to play Talisman Online. If
you have any questions regarding these terms and conditions or the Rules of Conduct, please contact
our Company customer service by visiting the following link: http://www.talismanonline.com.
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Amendments. The Company may amend, update, modify or correct this Agreement, or modify the Rules of
Conduct at any time in its sole discretion without any obligation to inform the User of the amendment
or changes by posting the amended Agreement or modified Rules of Conduct at
http://www.talismanonline.com. Amendments or changes to the Agreement will be effective immediately
after the amended Agreement is posted. Modifications to the Rules of Conduct will be effective
immediately upon posting. Your use of Talisman 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 Conduct periodically so you will be familiar with their content as amended or modified from
time to time.
2. DESCRIPTION OF SERVICE
The Company offers Talismanas a free online fantasy role-playing game service (the
"Service") accessible through the Internet at "http://www.Talismanonline.com" (the
"Web Site"). The Company reserves the right to change the URL address of the Web Site at any
time and from time to time without prior notice. To use the Service, you will need to install software,
which The Company makes available from the Web Site (the "Software"). Anyone desiring to use the
Service is required to establish an account with The Company (the "Account"). The Company does
not provide Internet access, and you are responsible for all fees and costs associated with your Internet
connection. The Web Site located at http://www.talismanonline.com is an active part of the Service and any
use of the web Site is governed by the same Terms of Agreement and Rules of Conduct.
3. LICENSE TO USE
Subject to the terms of this Agreement, The Company 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. You
may not sublicense, rent, lease, loan or otherwise transfer the Software for profit, modify, adapt,
reverse engineer or recompile the Software, or create any derivative works in respect of the Software or
the Service, or otherwise use the Software except as expressly provided in this Agreement.
4. ACCOUNT
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Eligibility. Accounts are available only to adult individuals eighteen (18) years of age or older. If
you are less than 18 years of age and wish to use the Service, your parent(s) or guardian(s) must
complete the registration process, open an Account in their name(s), and accept full responsibility
for all obligations under this Agreement. Those who have completed these steps and who maintain their
Account in good standing are sometimes referred to in this Agreement as "Member(s)",
"User(s), or "Player(s)". By clicking the "I Agree" button you represent that
you are an adult 18 years of age or older. Only one person may use an Account. The registered User of
an Account may use the Account or may choose instead to permit a minor child of the registered User to
use the Account. You are liable for all activities conducted through your Account, and parents or
guardians are liable for all activities of their minor child conducted through the Account.
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Account ID. At the time your Account is opened, you must choose a name to identify yourself to The
Company staff (your "Account ID"). 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 may mislead other Members to believe you to be an employee of The Company, or which
The Company deems in its discretion to be vulgar or otherwise offensive. The Company 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.
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Message Board ID. You have the option to create a Message Board ID for use on the official Talisman
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 may
mislead other Members to believe you to be an employee of The Company, or which The Company deems at
its sole discretion to be vulgar or otherwise offensive. The Company 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.
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Account. By agreeing to the User Agreement you agree that you do not own the Account you use to
access the Service, the characters The Company stores on The Company servers, the game items in the
Account, or any other data which the servers and accounts are comprised of. The Account, characters,
game items, and any other data which the servers and accounts are comprised of, are properties of The
Company.
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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 The Company, or which The Company deems at its sole discretion to be vulgar
or otherwise offensive. The Company reserves the right to delete, or alter any vulgar or otherwise
offensive Character Name. Only ASCII characters are allowed for any character names in the Game. No
Unicode is allowed.
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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, name NPCs, or name a guild. 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 The Company, or which The Company
deems at its sole discretion to be vulgar or otherwise offensive. The Company reserves the right to
delete, change, or require you to change, any vulgar or otherwise offensive Name. Only ASCII
characters are allowed for any names in the Game. No Unicode is allowed.
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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. The Company 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, or when you are requesting the company
to perform certain service that requires your password authentication, in which case you will only
send your password to designated company email address or company website.
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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 The Company has
reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
The Company has the right to suspend or terminate your Account and refuse any and all current or
future use of the Service.
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Former Members. Members whose Accounts have been terminated by The Company may not access the Service
in any manner or for any reason, including through any other Account, without the express written
permission of The Company.
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Related Accounts. If The Company terminates an Account, The Company 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.
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Multiple Accounts. Currently, each Player, User, or Member is permitted to register more than one
account. However, The Company reserves the right to limit the number of Accounts each Player may
register.
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Right To Monitor and Remove Unacceptable Contents. The Company has the right, but not the duty, to
review and monitor all content submitted for or included on the Service, and in its sole discretion to
remove any content that the Company finds objectionable for any reason, without any prior notice to
the Member.
5. SERVICE FEE
The Game is free to play. You do not need to pay any service fee to play the Game. However,
the Company is not responsible for any other fees or costs you paid or may have to pay in order to play
the Game, including, but not limited to, fees to access the internet; fees charged by a location such as a
cyber café, arcade, or other location; or costs of computer hardware or software.
6. SALES OF GAME ITEMS
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Purchase of Game Items. The Company may offer to sell to you on the Web Site, from time to time,
virtual items that can be used in Talisman Online (The "Game Item"). If you select to
purchase a Game Item, you agree that you have understood how the Game Item is used in the Game and are
fully responsible for all the consequences related to the use or transfer of such Game Item. You agree
that any out-of-game transfer of Game Item is not permitted. THE GAME ITEM YOU HAVE PURCHASED IS NOT
REFUNDABLE. You also agree that the Game Items you have purchased are properties of The Company, and
what you obtained through the purchase is merely the right to use such Game Items in the Game. The
Company also reserves the right to not sell Game Items to certain players.
- Security and Anti - Fraud. For security and anti-fraud purpose, the Company may require the purchaser
of the Game Items to provide personal information such as name, address, phone number, social security
number, and copy of picture ID. Purchasers may also be required to write and sign a statement certifying
that their purchases are real and valid. Failure to do so may result in suspension of the purchaser's
Account.
7. TRADING AMONG PLAYERS
Trading of Game Items or in "game money?between Players on the same server is
permitted. All other trading or transfers, including without limitations, trading of Account ID, Account
Names, and all out-of-game transfers, are strictly prohibited.
The Company is not responsible for any losses occurred related to any permitted or prohibited trading
activities. ANY AND ALL PROHIBITED CONDUCTS MAY RESULT IN IMMEDIATE TERMINATION OF THE ACCOUNTS INVOLVED
IN SUCH TRADING.
8. CONTENT AND MEMBER CONDUCT
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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 shall hereinafter be referred
to as "Content Providers"). The Company does not pre-screen Content as a matter of policy.
The Company 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.
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Rights in Content. You acknowledge that The Company 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 Talisman Online.
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Member Content. Members can upload Content to our servers in various forms, such as in selections you
make for Talisman and in bulletin boards and similar user-to-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 The Company 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.
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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, The Company's 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 The Company 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, cancelbots 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) 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.
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Cheating Programs. To ensure fair play, The Company does not allow the use of any cheating programs
such as macros, bots, or mouse emulators etc., to play Talisman Online. If you use these cheating
programs, you may suffer severe consequences including, but not limited, to the followings:
(i) The Company may suspend your Account for a indefinite period time;
(ii) The Company may terminate your Account; and
(iii) The Company reserves the right to seek further legal remedies against you.
- Modification Of The Client Program. All Members must use the client program provided by the Company.
The Company periodically updates the client program as well, and all players are required to use the
latest version of the Game. Modification of the client program of the Game is strictly prohibited. Any
violations may result the termination of your Account.
- Exploitation of Program Bug. Members are prohibited from exploiting any programming bugs in Game, on
the Web Site, and/or within The Company's system. Any violations may result the termination of Account.
9. OFFICIAL SERVICE
The Company has designed Talisman Online for play only as offered by The Company at the Web
Site. You agree to play Talisman Online only as offered by The Company at the Web Site and not through any
other means. You further agree not to create or provide any other means through which Talisman Online 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 Talisman Online, 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
Talisman Online accounts, characters, items, coin or copyrighted material.
10. PRIVACY
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The personal information you provide us during registration is used for our internal purposes only.
The Company uses the information The Company collected to learn what you like in order to improve the
Service. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you,
The Company will not give any of your personal information to any third party without your express
approval. The Company does not guarantee the security of any of your private transmissions against
unauthorized or unlawful interception or access by third parties. 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 The Company may communicate with you via email and
any similar technology for any purposes relating to the Service, the Software, and any services or
software which may in the future be provided by us or on our behalf.
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The Company can (and you authorize us to) disclose any information about you to private entities, law
enforcement agencies, or government officials, as The Company, in our sole discretion, believe
necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise
required by law.
11. PARENTAL GUIDANCE
While The Company 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. The Company 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. The Company does not
as a matter of policy pre-screen the Content of the materials or communications transmitted by each
player.
12. INTERRUPTION OF SERVICE
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The Company 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.
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You acknowledge that the Service may be interrupted for reasons beyond the control of The Company,
and The Company cannot guarantee that you will be able to access the Service or your Account whenever
you may wish to do so. The Company shall not be liable for any interruption of the Service, delay or
failure to perform resulting from any causes beyond its reasonable control.
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The Company shall not be obligated to refund any and all portion of any Game Item Purchases or
Account fees (if any) by reason of any interruption of the Service and by reason of any of the
circumstances described in paragraph (a) or (b) of this provision.
13. DISCLAIMER OF WARRANTIES
THE COMPANY PROVIDES THE SERVICE, THE SOFTWARE, THE ACCOUNT, THE TALISMAN ONLINE GAME 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, THE COMPANY DOES NOT WARRANT THAT THE SERVICE, YOUR ACCOUNT, OR TALISMAN ONLINE
WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE, YOUR ACCOUNT, OR TALISMAN ONLINE WILL
BE UNINTERRUPTED, ERROR-FREE, CONTINUOUS, SECURE, VIRUS-FREE, OR THAT THE DEFECTS IN THE SERVICE, YOUR
ACCOUNT, OR TALISMAN ONLINE WILL BE CORRECTED.THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION
REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR RELATED DOCUMENTATION IN TERMS OF THEIR
CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULARLY TASK OR APPLICATION, OR
OTHERWISE.NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVES
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.YOU ARE ENTIRELY RESPONSIBLE FOR
AND ASSUME ALL RISK FOR USE OF THE SERVICE, YOUR ACCOUNT, AND TALISMAN ONLINE.YOU SHOULD NOT USE THE
SERVICE IN HIGH-RISK ACTIVITIES WHERE SUBSTANTIAL DAMAGE COULD RESULT IF AN ERROR OCCURRED.THE COMPANY
DOES NOT WARRANT OR REPRESENT THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OR IMPROPER ACCESS TO
YOUR DATA.THE COMPANY IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION
CARRIED OVER TELECOMMUNICATION LINES. Some states do not allow the disclaimer of implied warranties, so
the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may
also have other legal rights that vary from state to state.
14. LIMITATION OF LIABILITY
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THE MAXIMUM AMOUNT AND THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL
FEES PAID BY YOU TO THE COMPANY FOR THE TOTAL PURCHASE OF GAME ITEMS IN AND WITHIN THE SAME MONTH OF
THE EVENT CAUSING LIABILITY.IN NO EVENT SHALL THE COMPANY, 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
LIMITATIONS, ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER OR IN CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE, THE SOFTWARE, YOUR ACCOUNT OR THIS AGREEMENT,
WHETHER OR NOT THE COMPANY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR. Some
states do not allow the foregoing limitations of liability, so they may not apply to you.
- If you purchased a Game Item, you agree to release any and all liabilities of The Company related to
your purchase and use of the Game Item, except that the Company is responsible for providing such Game
Item to your Account in Talisman Online.
- You agree to release any and all liabilities of the Company related to any computer virus infection to
your computer, whether it is though The Company's server or third party activities.
- You agree that The Company will not be held responsible or liable for anything that occurs or results
from accessing or subscribing to the Talisman Online service.
15. UNCENSORED INFORMATION
YOU UNDERSTAND THAT CONTENT AND MATERIALS ON THE INTERNET MAY BE CREATED AND MAINTAINED BY
THIRD PARTIES (SUCH AS USER MESSAGE BOARD) AND THAT PORTIONS OF SUCH MATERIALS MAY BE SEXUALLY EXPLICIT,
OBSCENE, OFFENSIVE, OR ILLEGAL.IN NO EVENT SHALL THE COMPANY BE LIABLE TO ANY PERSON OR ENTITY, EITHER
DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY MATERIALS FROM THIRD PARTIES ACCESSED THOUGH THE SERVICE.YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FROM YOUR USE OF THE SERVICES AND INTERNET GENERALLY.THE COMPANY
DISCLAIMS ANY AND ALL RESPONSIBILITY FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS PROVIDED THOUGH
HYPERLINKS OR IN ANY OTHER FORMS.
16. INDEMNIFICATION
AT THE COMPANY'S REQUEST, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, 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, LOSSES,
DAMAGES, JUDGMENTS, CLAIMS, CAUSES OF ACTION, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS' FEES AND COSTS,
WHICH THE COMPANY MAY HEREAFTER INCUR, SUFFER, OR BE REQUIRED TO PAY, DEFEND, SETTLE (SUBJECT TO ANY
LIMITATIONS SET FORTH IN THIS AGREEMENT), OR SATISFY AS A RESULT OR ARISING OUT OF YOUR USE OF THE SERVICE
OR ANY BREACH OF THIS AGREEMENT BY YOU.
17. TERMINATION
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The Company may terminate this Agreement (including your Software license and Account) immediately
and without notice if you breached this Agreement or willfully infringe any third party intellectual
property rights, or if The Company 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 Talismana Online's described in the Rules of
Conduct. If The Company terminates this Agreement under any circumstances, you will lose access to
your Account without refund of any fees paid for the purchases of any Game Items.
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You agree that if the Service or your Account is terminated or cancelled for any reasons or length
of time, you are not entitled to any reimbursement or refund of any fees paid for the purchases of any
Game Items or unused access time.
18. GENERAL PROVISIONS
Except as provided in this Agreement, any changes to this Agreement must be in writing and signed by The
Company and you. If any provision of this Agreement is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall remain in force. 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, without
written permission of The Company. This Agreement sets forth the entire understanding and agreement
between The Company and you with respect to the Company, the Service and Talisman Online, and this
Agreement supersedes all prior agreements (oral or written, if any) between the parties. Notwithstanding
anything else in this Agreement, no default, delay or failure to perform on the part of The Company 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 The Company.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS BY PRESSING THE "I
AGREE" BUTTON BELOW AND AGREED TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE
TERMS AND CONDITIONS, YOU MAY CHOOSE NOT TO BECOME A USER OF THE SERVICE BY PRESSING THE "I DO NOT
AGREE" BUTTON BELOW AND YOU WILL NOT BE PERMITTED TO PLAY TALISMAN ONLINE.
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