Thank you for your interest in Talisman Online, interactive online game ("Talisman" or the
"Game"). Talisman Online is offered by
, a company based in Shanghai, China dedicated to the creation of next generation games.
Talisman is a multiplayer role playing game that allows the simultaneous participation of players around
the world, interacting in the same game environment. You may play Talisman using Miragame's proprietary
software (the "Software"). Using the Software allows you to log into Miragame’s
client system (the “System”) and interact within the game environment created by Miragame.
To play Talisman, Miragame requires that you review and agree to the following terms and conditions of
this End User License Agreement (“EULA”).
By checking “I agree to terms of use and privacy policy” before register an
account, you accept the terms and conditions in the EULA. If you do not accept the terms and conditions
in the EULA, you must not check “I agree to terms of use and privacy policy” before register
an account, discontinue use of the Software and not access the System or use Talisman Online. If you are
the original purchaser of a boxed version of the Software on CD-ROM, you should contact the retailer for
a refund. Miragame does not manufacture or distribute the box version of the Game and is not responsible
for refunding any fees relating thereto.
- REQUIREMENTS TO PLAY
To play Talisman Online, you must: (i) download a copy of the Software; (ii) establish
a valid account within the Game (an "Account"); (iii) obtain and maintain your own
Internet access (Internet access is required to play Talisman Online; Miragame is not responsible
for your access to the Internet); and (iv) comply with the EULA.
- YOUR ACCOUNT
A. Establishing a New Account
Upon establishing a new Account, you will be entitled to play Talisman for free.
Only an individual, natural person who is an adult or, in the discretion of such an adult, his or
her minor child, may establish an Account. You are responsible and liable for all activities
conducted through your Account, regardless of who conducts those activities.
You may not share your Account with anyone, or allow anyone other than you personally (or your minor
child, if you have registered an Account on behalf of your minor child) to access or use your
Account. Joined or shared ownership or use of an Account by more than one user is prohibited.
Accounts may not be used for business purposes. Access to the System and playing Talisman Online is
intended for your personal entertainment, enjoyment and recreation, and not for corporate, business,
commercial or income-seeking activities. Business entities and anyone who is acting for or on behalf
of a business or for business purposes may not establish an Account, access the System or play
Talisman Online. Accessing the System or using the Game for commercial, business or
income-seeking purposes is strictly prohibited.
B. Passwords and Names
You will be asked to create a password during the registration process ("Password"). You
may not disclose your Password to anyone or allow anyone to use your Password to access the System
or play Talisman Online. You are responsible for maintaining the confidentiality of your Password
and for any damage, harm, lost or deleted characters, etc. resulting from your disclosure, or
allowing the disclosure, of any Password, or from use by any person of your Password. You may not
obtain, attempt to obtain, use or attempt to use the password of anyone else. You are responsible
for remembering your Account information and Password.
You may not allow anyone to use your account or character name to access the System or play
Talisman. No player may use the character name of another player to impersonate or falsely represent
his or her identity. You may not obtain, attempt to obtain, use or attempt to use the account or
character name of anyone else.
When create an account, you can use a pseudonym, but you may not choose a name that violates
anyone's trademarks, publicity rights or other rights. Acceptance of a pseudonym by the System does
not mean that your chosen pseudonym does not violate anyone's rights. You are responsible for any
liability incurred by yourself, Miragame or anyone else due to the pseudonym you choose. Miragame
retains the right to reject any pseudonym it determines, in its sole discretion, is unlawful,
indecent, obscene or otherwise violates standards of good taste.
C. Children
(1) Responsibility for Account
Minor children may not establish an Account without the consent of a parent or guardian. If the user
of Talisman Online is a minor, a parent or guardian must complete the registration process to
establish an Account, in which case the parent or guardian takes full responsibility for all
obligations under the EULA and for all activities of the child using the Account. If you are a
parent or guardian, you may permit one child to use the Account instead of you (in which case you
may not use that Account).
If you establish an Account, you represent that you are an adult thirteen (13) years of age or older
and are either accepting the EULA on behalf of yourself or on behalf of your child, in which latter
case you agree to the EULA with regard to your child and represent that you are also personally
bound by the EULA.
(2) Game Rating
Talisman has a "TEEN" rating. Parents may find it inappropriate for use by children
under the age of thirteen (13).
D. Inappropriate Conduct / Communication.
Miragame may establish Rules of Conduct (discussed below) for players accessing the System and may,
but is not obligated to, monitor and take action regarding inappropriate conduct. Nonetheless, it is
possible that at any time there may be language or other material accessible on or through the
System that you may consider inappropriate or offensive to some users. You acknowledge that other
players may transmit communications or content, or access to content, that you may consider
inappropriate or objectionable. Miragame does not, as a matter of policy, prescreen the
communications or content transmitted by each player and is in no way responsible for the
communications and content transmitted by players of the Game.
- ACCOUNT TRANSFER
You are not permitted to transfer your Account to another person.
Any character transfers or attempted transfers not in accordance with the foregoing terms is
prohibited and void, and shall not be binding on Miragame. A transfer or attempted transfer of a
character is entirely at the risk of the parties to such transaction. Miragame is not liable to any
person (whether transferor, transferee or otherwise) for any acts, omissions, statements,
representations, defaults or liabilities of the parties in connection with such a transaction.
- FEES AND PAYMENT TERMS
It’s free to play Talisman. You also may purchase items for use within the Game.
Talisman Online provides three shops for you: T-Point shop(TP shop), C-Point shop (CP shop) and
V-Point shop (VP shop). T-Point shop sells all kinds of useful items and you can buy them by using
T-Points. Purchase T-Points: http://www.talismanonline.com/purchase.aspx CP
shop and VP shop are benefits for players for C-Points (CPs) and V-Points (VPs) are free to offer.
How to get free CP: http://www.talismanonline.com/shop/cpGet.html
How to get free VP: http://www.talismanonline.com/vpshop/getVP.html
- TERMINATION; SUSPENSION OF ACCOUNT
A. By Miragame for Termination of the Game
Miragame does not guarantee that it will continue to offer access to the System or support the Game.
Miragame may, in its sole discretion, cease to provide any or all of the services offered in
connection with Talisman (including access to the System and any or all features or components of
the Game), terminate the EULA, close all Accounts and cancel all of the rights granted to you under
the EULA. Miragame may communicate such termination to you upon 30 days’ notice in any of the
following manners: (i) when you log into your Account; (ii) in a notice on Miragame's website; (iii)
via electronic mail; or (iv) in another manner that Miragame deems suitable to inform you of the
termination. If Miragame terminates the EULA pursuant to this section, you will not receive a refund
of any fees.
B. By Miragame for Breach or Misconduct
(1) Suspension of Account
Without limiting Miragame's rights or remedies, Miragame may immediately, and without notice,
discontinue or suspend access to the System through your Account, and any and all other Accounts
that share the name, e-mail address, internet protocol address or credit card number with the
discontinued or suspended Account, in the event of (i) a breach of the EULA (including the Rules of
Conduct) by you or any user under your Account; or (ii) unauthorized access to the System or use of
the Game by you or any user under your Account.
(2) Termination of EULA
Miragame may terminate the EULA, close all your Accounts, and cancel all rights granted to you under
the EULA if: (i) Miragame is unable to verify or authenticate any information you provide; (ii) you
or anyone using any of your Accounts materially breaches the EULA, makes any unauthorized use of the
System or Software, or infringes the rights of Miragame or any third party; or (iii) Miragame
becomes aware of game play, chat or player activity under your Account that is, in Miragame's
discretion, inappropriate, offensive, or in violation of the Rules of Conduct. Such
termination shall be effective upon notice transmitted via electronic mail, or any other means
reasonably calculated to reach you.
Miragame reserves the right to terminate any and all other Accounts that share the name, e-mail
address, internet protocol address or credit card number with the closed Account. Termination by
Miragame under this section shall be without prejudice to or waiver of any and all of Miragame's
other rights or remedies, all of which are expressly reserved, survive termination, and are
cumulative. You will not be entitled to receive a refund of fees for a termination pursuant to this
section.
C. By You
(1) Anytime
You may terminate the EULA with regard to any or all of your Accounts at any time, upon notice to
Miragame via electronic mail. You will not receive a refund of any fees in the event of such
termination.
(2) For Payment Terms
If a change in the fees or payment terms is unacceptable to you, you may, as your sole and exclusive
remedy, terminate the EULA and close all of your Accounts by notifying Miragame via electronic mail
within thirty (30) days after the later of (a) the date that Miragame has posted the change on its
website; or (b) the date the change has impacted your Account (e.g., your credit card has been
charged). Your notice must state: (i) that you do not agree to the change, specifically describing
the change, and that you wish to terminate the EULA and close your Accounts; (ii) your player name
and (iii) your login name.
(3) For a Change in the EULA
If an amendment alters a material term of the EULA that is unacceptable to you, you may, as your
sole and exclusive remedy, terminate the EULA and close your Accounts by: (a) unchecking “I
agree to terms of use and privacy policy” before register an account after EULA is amended; or
(b) notifying Miragame via electronic mail within thirty (30) days after the amended EULA was
communicated to you, provided that you have not checked “I agree to terms of use and privacy
policy” before register an account after EULA is amended, accessed the System or played the
Game during that period. Your notice must state: (i) that you do not agree to the amended EULA,
specifically describing the amendment(s) with which you disagree, and request Miragame to close all
of your Accounts; (ii) your player name and (iii) your login name. If you check “I agree to
terms of use and privacy policy” before register an account after EULA is amended or otherwise
continue to access the System or play the Game, you shall be deemed to have accepted the amended
EULA and waive your rights to terminate under this section.
D. Closed Accounts
If for any reason the EULA is terminated with regard to any or all of your Accounts, those Accounts
will be closed, upon which all rights granted to you under the EULA shall terminate with regard to
the closed Accounts, and you must discontinue your use of the Software, and you may not access the
System or play the Game under any closed Account, and all the attributes of the Accounts, including
characters, items and currency in the Accounts, will be lost. If for any reason the EULA is
terminated, you will not be entitled to compensation for the past time you spent playing Talisman,
for the real or projected value of your Account were it to be sold, or for any other
compensation.
Users whose Accounts have been closed may not access the System or play Talisman in any manner or
for any reason, including through any other Account, without the express written permission of
Miragame. Users of active accounts may not knowingly allow former users whose Accounts have been
closed to use the active user's Accounts.
- CONDUCT
A. Specifically Restricted Conduct
Your continued access to the System and license to play the Game is subject to proper conduct.
Without limiting Miragame's rights to control the Game environment, and the conduct of the players
within that environment, Miragame prohibits the following practices that Miragame has determined
detract from the overall user experience of the users playing the Game.
- You may not take any action that imposes an unreasonable or disproportionately large load on
the System.
- You may not use your own or third-party software to modify any content appearing within the
Game environment or change how the Game is played.
- You may not use your own or any third-party software, macros or other stored rapid keystrokes
or other patterns of play that facilitate acquisition of items, currency, objects, character
attributes, rank or status at an accelerated rate when compared with ordinary Game play. You may
not rewrite or modify the user interface or otherwise manipulate data in any way to acquire
items, currency, objects, character attributes or beneficial actions not actually acquired or
achieved in the Game.
- You may not use the Software, or any information accessible through the System, to bypass the
System login architecture or create or provide any other means through which the System may be
accessed and/or the Game may be played by others, as, for example, through server emulators.
- You may not submit any content to any chat room or other public forum within the Game that is
harassing, abusive, threatening, harmful, obscene, libelous or defamatory, encourages conduct
that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in
any other way, including without limitation the submission of content that infringes on a
third-party’s intellectual property rights.
- You may not engage in any conduct that results in an Account containing items, objects,
currency, character attributes, rank, or status that are inappropriate for the level or rank of
the character contained in the Account, including without limitation arranging, making or
accepting transfers of items to a character without adequate consideration, thereby augmenting
or aggregating items in an Account and increasing its value for an Account sale.
B. Selling Items and Objects
You may not transfer, sell or auction, or buy or accept any offer to transfer, sell or auction (or
offer to do any of the foregoing), any content appearing within the Game environment, including
without limitation characters, character attributes.You may not encourage or induce any other person
to participate in such a prohibited transaction. The buying, selling or auctioning (or any attempt
at doing so) of characters, character attributes, whether through online auctions, newsgroups,
postings on message boards or any other means is prohibited by the EULA and a violation of
Miragame's proprietary rights in the Game.
C. Compliance with Rules of Conduct
You agree to observe and abide by the Rules of Conduct as may be amended by Miragame from time to
time. The current version of the Rules of Conduct may be viewed at
http://www.talismanonline.com/support_gameRule.html, and are incorporated in the EULA by reference.
- PRIVACY AND USE OF PERSONAL INFORMATION
Please note that the terms of Miragame’s privacy policy will apply in
addition to the terms of this Section 7. The Privacy policy is available at http://www.talismanonline.com/support_policy.html
A. Communications
Except for certain information in your Account (discussed below), all transmissions by you to the
System are not private. You acknowledge and agree that you have no expectation of privacy regarding
communications you make in the Game, whether through private in-Game messaging, during chat, or in
chat rooms. Miragame and/or its designated affiliates and representatives may monitor communications
made by or received from you. You should not provide private information to any other player in the
Game. Miragame shall not be responsible for the consequences of any such disclosure by you.
You may encounter and converse with people who are rude, offensive, belligerent, and who may use
indecent, obscene, and/or threatening or harassing language while playing the Game or otherwise
interacting within Talisman. You may report any instances of such behavior to Miragame.
Miragame will investigate and take such measures as Miragame, in its sole judgment, determines are
reasonable under the circumstances. Miragame does not guarantee that you will not encounter behavior
of others that you may view as insulting, demeaning, offensive, threatening or harassing. You assume
all risk associated with playing the Game, and Miragame assumes no responsibility for the conduct of
any other players, and shall not be liable to you or any other person for their conduct.
B. Use of Personal Information
You may verify and update your Account information by logging into your Account through the account
management page.
Definitions
The term “User Personal Details” means information relating to your personal Account
details, including your email address, profile name or other online identification, first name, last
name, age, date of birth, country of residence, preferences and settings including communication or
content restrictions and parental control settings, other account information such as friend’s
lists, block lists, and language selection, any dates the foregoing data is modified, and any other
information relating to your Account.
The term “User Gameplay Information” means any information relating to your play or use
of the Game, including of your gameplay statistics, preferred strategies, in-Game transaction
history and trends, history of technical issues and support usage, and history of contributed and
received User Content.
User Personal Details and User Gameplay Information together constitute “User Data”.
Collection and Use of User Personal Details
You acknowledge and agree that Miragame may collect and store User Personal Details and use them for
the limited purposes of: (i) verification or authentication of a user’s identity, (ii)
establishing an Account with Miragame, (iii) the provision of services to users, such as gameplay,
Game administration, and technical support, and (iv) marketing and offering Miragame products and
services to you. Any storage or use of User Personal Details will be subject to compliance
with Miragame’s privacy policy, which may be found at
http://www.talismanonline.com/support_policy.html
Collection and Use of User Gameplay Information
You acknowledge and agree that Miragame may collect and store User Gameplay Information about you,
both as an individual and aggregated with the User Gameplay Information of other users of the Game
and the System. In addition, you acknowledge and agree that Miragame may analyze and use such
User Gameplay Information for the purposes of review, research, development, maintenance, operation,
administration, and support, and for the marketing of Miragame products and services.
Transfer and Sharing of User Data
You agree that Miragame may transfer, share, and/or store your User Data:
- outside your country where reasonably necessary to administer, operate maintain and support
the Game and the System;
- in particular, to the US and China for the purpose of managing customer support and technical
issues; and
- with suitable third parties under a binding duty of confidentiality in order for such third
parties to carry out the limited activities of Miragame permitted by this Section 7.
All transfer, storage, and use of User Data shall at all times be subject to
Miragame’s current privacy policy for the Game from time to time.
C. SECURITY AND DISCLOSURE OF USER DATA
Miragame does not guarantee that User Data transmitted to the System, including without limitation
information in your Account and/or User Personal Details, will not be disclosed to third parties.
While Miragame's aim is to keep your User Data confidential and Miragame employs security measures to
protect the System, third parties may unlawfully intercept transmissions or private communications, or
access data within the System.
Miragame may (and you hereby expressly authorize Miragame to) disclose information about you to
private entities, law enforcement or other government officials, as Miragame, in its sole discretion,
deems necessary or appropriate to investigate or resolve possible crimes or to respond to judicial,
regulatory, agency or similar inquiries.
You further agree that in the event of a failure in the Game, the System and/or the Software, Miragame
may provide crash dump information (which is information on the state of the System when a crash
occurs, and may include your User Data) to third parties under suitable confidentiality restrictions
in order to review analyze and provide reports on such information to determine the cause or
correction of the failure.
D. MONITORING
You agree that Miragame may remotely monitor your Game hardware solely for the purpose of establishing
whether in playing the Game and accessing the System you are using software created or approved by
Miragame, or whether you are using unauthorized software created by you or a third party in
contravention of Section 6.
- SEIZURE WARNING
In rare instances, some users may experience seizures when exposed to certain light
patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor
may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy.
- LICENSE
A. Software License
Talisman Online is a free game.Users can download it for free and play it for free. If you buy items
in game shop, you have to pay fees.
B. License to Access the System to Play the Game
Upon establishing a valid Account, and subject to your continued compliance with the EULA, Miragame
grants you a limited, non-exclusive, revocable license to access the System, and to access and use
the Game Content and User Content (each as defined below), in order to play Talisman online. You may
download (and, to the extent permitted by the System, make a single copy for your own purposes in
playing the Game) and exchange Game Content and User Content exclusively via a valid Account, solely
to play the Game, for purposes permitted by, and in a manner consistent with, the EULA.
C. Specific Restrictions
Any and all rights not expressly granted by Miragame herein are reserved, and no license, permission
or right of access or use not granted expressly herein shall be implied.
You may not intercept for any purpose other than playing Talisman in accordance with the EULA any
information accessible through the System. You may not access the System or upload, download or use
information accessible through the System, other than as permitted by the EULA.
You may not copy (except as set forth above), distribute, rent, lease, loan, modify or create
derivative works of, adapt, translate, perform, display, sublicense or transfer the Software or any
documentation accompanying the Software. You may not transfer the Software, except as part of a
permitted Account Transfer as described above, if permitted by the EULA then in effect. If the
Software is an update, any transfer must include the update and all prior revisions.
You may not copy, distribute, rent, lease, loan, modify or create derivative works of, adapt,
translate, perform, display, sublicense or transfer any information accessible through the System,
including without limitation, any part of the Game Content or User Content, or any item, object or
character in your Account, except that, solely to the extent permitted by the System, you may modify
certain Game Content and User Content only for your own purposes in playing the Game.
You may not reverse engineer, disassemble or decompile, or attempt to reverse engineer or derive
source code from, all or any portion of the Software, or from any information accessible through the
System (including, without limitation, data packets transmitted to and from the System over the
Internet), or anything incorporated therein, or analyze, decipher, "sniff" or derive code
(or attempt to do any of the foregoing) from any packet stream transmitted to or from the System,
whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly
waive any legal rights you may have to do so. If the Software and/or the System contains license
management technology, you may not circumvent or disable that technology.
D. Software Updates
Miragame may from time to time update or otherwise modify the Software electronically. You hereby
grant Miragame permission to: (i) extract hardware system profile data from your computer; (ii)
extract information from your computer's file directories pertaining to the Game and your ability to
access the System; (iii) download to your computer content and Game files and any data related to
the operation of the Game. The foregoing applies to any computer from which you log into the System
using your Account.
E. New Releases of the Software
You are not entitled to receive any new releases of the Software, or any expansion packs, updates,
upgrades or similar products under the EULA, but Miragame may, in its sole discretion, offer any or
all of the foregoing to you. Miragame may update, upgrade or otherwise enhance the Software at any
time, in its sole discretion, without obligation to you. Periodically, Miragame will require all
users to migrate to new releases of the Software in order to continue accessing the System and
playing Talisman. You must install and use the new release before the period of time has lapsed to
continue accessing the System and playing Talisman. If you fail to install the new release when
required, Miragame shall not be responsible in any way for your inability to access the System or
play Talisman, and you shall not be entitled to receive a refund of any prepaid fees or any other
form of compensation. New releases could be offered to you at a discounted price.
- PROPRIETARY RIGHTS
A. Ownership of Software, System and Game
As between you and Miragame, Miragame is the sole and exclusive owner of the Software, System, Game
and Game Content (as defined below). The Software, System, Game and all Game Content are protected
by law governing copyrights, trademarks and other proprietary rights. Miragame reserves all rights
not expressly granted herein.
The Game is comprised of, without limitation, software code, programs, routines, subroutines,
objects, files, data, characters (and items, currency, objects and attributes comprising or
associated with a character or an Account), graphics, sound effects, music, animation, video, text,
content, layout, design and other information downloaded from and accessible through the System
(collectively, the "Game Content"). Miragame, its affiliates, licensors and/or suppliers
retain all of their right, title and interest (including without limitation all intellectual
property rights) in and to the Software, System, Game and all Game Content, and no rights thereto
are transferred to you, except for the limited license granted above.
B. Rights to Certain Content
You have no interest in the value of your time spent playing the Game, for example, by the building
up of the experience level of your character and the items your character accumulates during your
time playing the Game. Your Account, and all attributes of your Account, including all corporations,
actions, groups, titles and characters, and all objects, currency and items acquired, developed or
delivered by or to characters as a result of play through your Accounts, are the sole and exclusive
property of Miragame, including any and all copyrights and intellectual property rights in or to any
and all of the same, all of which are hereby expressly reserved.
Without limiting its rights in any way, and subject to the other terms of the EULA, Miragame shall
have the right to display and publish any information (except certain personal information in your
Account) relating to any character in your Account, for example, in charts, lists and other
compilations, without notice or any compensation to you whatsoever.
You hereby irrevocably and without additional consideration beyond the rights granted to you herein,
assign to Miragame any and all right, title and interest you have, including copyrights, in or to
any and all information you exchange, transmit or upload to the System or while playing the Game,
including without limitation all files, data and information comprising or manifesting corporations,
groups, titles, characters and other attributes of your Account, together with all objects and items
acquired or developed by, or delivered by or to characters, in your Account. To the extent that any
such rights are not assignable, you hereby grant Miragame an exclusive, perpetual, worldwide,
irrevocable, assignable, royalty-free license, fully sub-licensable through multiple tiers, to
exercise all intellectual property and other rights, in and to all or any part of such information,
in any medium now known or hereafter developed. The foregoing assignment and license in this
paragraph shall not include User Content (defined below).
C. User Content
The System may allow you to communicate information, such as by posting messages in chat rooms, on
bulletin boards and other user-to-user areas (collectively, "User Content").
User Content that you cause to be communicated to the System may not (i) violate any statute, rule,
regulation or law; (ii) infringe or violate the intellectual property, proprietary, privacy or
publicity rights of any third party; (iii) be defamatory, indecent, obscene, child pornographic or
harmful to minors; or (iv) contain any viruses, Trojan horses, disabling code, worms, time bombs,
"clear GIFs," cancelbots or other computer programming or routines that are intended to,
or which in fact, damage, detrimentally interfere with, monitor, intercept or expropriate any data,
information, packets or personal information.
Miragame may take any action it deems appropriate regarding any User Content, if Miragame believes,
in its sole discretion, that such User Content violates the EULA or may expose Miragame, its
licensors and/or its suppliers to liability, damage Miragame's relationship with any of its
suppliers, licensors, ISPs or other users of Talisman, harm anyone or harm Miragame's reputation or
goodwill.
You hereby grant Miragame an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free
license, fully sub-licensable through multiple tiers, to exercise all intellectual property and
other rights, in and to all or any part of your User Content, in any medium now known or hereafter
developed.
Violation of Miragame's proprietary rights is a material breach of the EULA, in the event of which
Miragame may suspend your Account, terminate the EULA and take whatever additional action Miragame
deems appropriate under the circumstance. The foregoing is without prejudice to or waiver of any and
all of Miragame's other rights and remedies, all of which are expressly reserved, survive
termination, and are cumulative.
- NO WARRANTIES
The Software, System, Game and all Game Content, and all other services and material
provided in connection therewith, are provided "AS IS," with all faults, and without
warranty of any kind. You assume all risk of use and all risk associated with accessing the System
and playing the Game.
Miragame disclaims all warranties, whether express or implied, including without limitation the
warranties of merchantability, fitness for particular purpose and non-infringement. There is no
warranty against interference with your enjoyment of the Game. Miragame does not warrant that the
operation of the System or your access to the System, or that your use of the Software, will be
uninterrupted or error-free, nor that the System or Software will be compatible with your hardware
and software.
While Miragame attempts to have the System available at most times, Miragame does not guarantee that
the System will always be available, or that the System will not become unavailable during Game
play. The System may become unavailable for a number of reasons, including without limitation during
the performance of maintenance to the System, for the implementation of new software, for emergency
situations and due to equipment or telecommunications failures.
- DISCLAIMER OF DAMAGES
In no event shall Miragame, its affiliates, licensors or suppliers be liable to you or
to any third party for any special, indirect, incidental, consequential, punitive or exemplary
damages (including without limitation, lost profits or lost data), arising out of or in connection
with your Account, the System, Software, Game, Game Content, User Content, EULA, or any other
services or materials provided in connection therewith, whether based on warranty, contract, tort or
any other legal theory, and whether or not Miragame is advised of the possibility of such damages,
and even if any stated remedy fails of its essential purpose.
- LIMITATION OF LIABILITY
In the event of a malfunction of or your inability to use the CD-ROM containing the
Software, your sole and exclusive remedy shall be a replacement disk from the vendor that provided
the CD-ROM in accordance with its replacement policy; Miragame shall have no liability for the
CD-ROM.
If any of the foregoing disclaimers or limitations of liability are declared to be void or
unenforceable, then Miragame's liability shall be limited to the maximum extent permissible under
applicable law. The remedies set forth herein are exclusive and in lieu of all other remedies, oral
or written, express or implied.
- INDEMNITY
You shall defend, indemnify and hold harmless Miragame and its affiliates, licensors
and suppliers, and their respective employees, contractors, officers and directors, from any and all
claims, loss, damages and demands, including reasonable attorneys' fees, arising out of: (i) your
use or misuse of the Software; (ii) your access to the System; (iii) any activities conducted
through your Account (whether by you or another person); and (iv) your playing of the Game.
- AMENDMENTS TO EULA
Miragame may, in its sole discretion, amend the EULA from time to time by posting an
amended version at http://www.talismanonline.com/support_EndUserLicense.html
and/or notifying you when you attempt to log in to the System. If the EULA is amended, you will be
asked to review the amended EULA in game and on Talisman Online official website, and to indicate
and confirm your acceptance of the amended EULA by checking or unchecking “I agree to terms of
use and privacy policy” before register an account after EULA is amended. You must accept the
EULA in order to continue to access the System or play the Game.
If the amendment alters a material term of the EULA that is unacceptable to you, you may, as your
sole and exclusive remedy, terminate the EULA and close your Account as described in Section 5,
Termination.
- GOVERNING LAW AND EXCLUSIVE FORUM
The EULA, and the rights and obligations of the parties hereto, shall be governed and construed by
and in accordance with the laws of the People’s Republic of China. The EULA shall not be
governed by the United Nations Convention on Contracts for the International Sale of Goods.
The sole and exclusive forum for resolving any controversy, dispute or claim arising out of or
relating to the EULA, or otherwise relating to any rights in, access to or use of the Software,
System, Game, Game Content, User Content and/or the rights and obligations of the parties hereto,
shall be the District Court of Shanghai, China. You hereby expressly waive and agree not to raise
any and all objections based on personal jurisdiction, venue and/or inconvenience of such forum and
agree to the jurisdiction of the District Court of Shanghai, China.
- MISCELLANEOUS
If any part of the EULA is held invalid or unenforceable, that portion shall be
construed in a manner consistent with applicable law to reflect, as nearly as possible, the original
intentions of the parties expressed in the EULA, and the remaining portions shall remain in full
force and effect.
You shall comply with all applicable laws regarding your access to and use of the System, use of the
Software, your access to your Account and your playing of the Game. Without limiting the foregoing,
you may not download, use or otherwise export or re-export any part of the information accessible
through the System or the Software except in full compliance with all applicable laws and
regulations.
Except as otherwise provided herein, you may not assign or transfer the EULA or your rights
thereunder, and any attempt to do so is void. The EULA, including the Rules of Conduct and the fees
and payment terms as referenced therein, as each may be amended by Miragame from time to time, sets
forth the entire understanding and agreement between Miragame and you with respect to the subject
matter hereof. Except as provided above, or in a writing signed by both parties, the EULA may not be
modified or amended. No distributor, agent or employee of Miragame is authorized to make any
modifications or additions to the EULA.
All notices to Miragame required or permitted by the EULA shall be by electronic mail at
[email protected],unless stated otherwise in the EULA.