For purposes of this Terms of Service, Fragmatic Digital Inc refer to all games the subscriber can play through his/her account with Fragmatic Digital Inc., including but not limited to: War Rock.
As a subscriber of Fragmatic Digital Inc., you must observe and abide by the rules of conduct and policies outlined below, as well as the End User License Agreement (EULA). Failure to comply with these regulations may result in the immediate termination of your account and the forfeiture of all access to your account. No refunds shall be provided.
1. You may not abuse, harass or threaten another player or authorized representative of Fragmatic Digital Inc. (hereinafter “Fragmatic Digital Inc.”) including customer service personnel and volunteers. This includes, but is not limited to: petitioning with false information in an attempt to gain from it or have someone else suffer from it; sending excessive e-mails, obstructing Fragmatic Digital Inc. Employees from doing their jobs; refusal to follow the instructions of a Fragmatic Digital Inc. Employee; or implying favouritism by a Fragmatic Digital Inc. Employee.
2. You may not use any abusive, defamatory, ethnically or racially offensive, harassing, harmful, hateful, obscene, offensive, sexually explicit, threatening or vulgar language. (Alternate spelling or partial masking of such words will be reprimanded in the same manner as the actual use of such words.)
3. You may not organize nor be a member of any guild or group within Fragmatic Digital Inc. that is based on or advocates any anti-ethnic, anti-gay, anti-religious, racist, sexist or other hate-mongering philosophies.
4. You may not use “role-playing” as an excuse to violate these rules. While Fragmatic Digital Inc.. games are in a virtual world the claim of role-playing is not an acceptable defence for socially unacceptable behaviour. Roleplaying is encouraged, but not at the expense of another player. You may not create or participate in a guild or group that aims to violate, or habitually violates, this policy.
5. You will report out-of-game issues regarding harassment, such as threatening phone calls or correspondence, to your local law enforcement officials or Internet provider. Fragmatic Digital Inc. will not reveal personal information about its subscribers to unauthorized individuals. We are not responsible for actions taken by our subscribers that occur outside the jurisdiction of our game servers, forum, or web site.
6. You will follow the instructions of authorized personnel while in the Fragmatic Digital Inc. games world or using the Fragmatic Digital Inc. games’s or Fragmatic Digital Inc.’s web site or forum.
7. You may not violate any local, national or international laws or regulations.
8. You may not impersonate or present yourself to be a representative or volunteer of Fragmatic Digital Inc.
9. You may not advertise, employ, market, or promote any form of solicitation – including pyramid schemes and chain letters – in the Fragmatic Digital Inc. game world, forum or on the website.
10. You may not market, sell, advertise, promote, solicit or otherwise arrange for the exchange or transfer of items in the game or other game services unless it is for in-game sales of in-game services or items.
11. The advertisement or sale of out of game goods and services not directly related to Fragmatic Digital Inc. games is prohibited.
12. You may not arrange for the exchange or transfer of any illegal or pirated software or other contraband while you are using the Fragmatic Digital Inc. client, servers, forum, or website.
13. You may not transmit or upload through the Fragmatic Digital Inc. client, server, forum, or website any copyrighted material that you do not own all rights to without the express written permission of the author or copyright holder.
14. You may not create, provide or use any server emulator or other site where Fragmatic Digital Inc. games may be played. You may not post or distribute emulators, software tools or utilities related to Fragmatic Digital Inc. games without the express written permission of Fragmatic Digital Inc.
15. You may not attempt to play Fragmatic Digital Inc. games on any local server that is not controlled or authorized by Fragmatic Digital Inc.
16. You may not do anything that interferes with the ability of other Fragmatic Digital Inc. subscribers to enjoy the game, forum, or web site in accordance with its rules. [This includes, but is not limited to, making inappropriate use of any public channels within the game and/or intentionally creating excessive latency (lag) the game world.
17. You may not engage in any activity that increases the difficulty and/or expense of Fragmatic Digital Inc. in maintaining the Fragmatic Digital Inc. client, server, web site or other services for the benefit and enjoyment of all its users.
18. You may not publish private communications from Fragmatic Digital Inc., their agents or representatives without authorization.
19. You may not communicate, post or publicize any subscriber’s personal information within the Fragmatic Digital Inc. game world, forum, or website without the permission of the owner of such information.
20. You may not give false information or intentionally hide or withhold any required information (such as contact information) when registering your Fragmatic Digital Inc. Online account subscription. You are responsible for keeping this information accurate and current.
21. You will not attempt to decipher, hack into or interfere with any transmissions to or from the Fragmatic Digital Inc. servers, nor will you try to create or use any third party add-ons, extras or any other unauthorized tools or software for the game.
22. You may not share your account password with anyone. Infraction of this rule is done at your own risk and Fragmatic Digital Inc. and Fragmatic Digital Inc. developers may not be held liable for any consequence which may arise from doing so.
23. You may not exploit any bug in Fragmatic Digital Inc. to gain an unfair advantage over other players. You may not communicate the existence of any exploitable bug to others directly or through a public forum. Bugs should be reported immediately and directly to Fragmatic Digital Inc. personnel.
24. Fragmatic Digital Inc. reserves the right to close, temporarily or permanently, any user’s account without advance notice as we deem necessary. Furthermore, we reserve the right to delete all user accounts or inventory of characters as warranted.
25. Fragmatic Digital Inc. reserves the right to ban any user from the game without refund or compensation.
26. You will not encourage others to break these rules or any rules set forth in relation to Fragmatic Digital Inc. game service or web site.
27. Fragmatic Digital Inc. will not be liable for any loss or damage arising from unauthorized access of a user's account due to any form of negligence. (Examples are but not limited to: Sharing of account, Illegal Buying/Selling of player accounts/items, failure to keep your password confidential, playing in an unsecured environment...)
FRAGMATIC DIGITAL INC. MAY FIND IT NECESSARY ON OCCASION TO MAKE CHANGES TO OR RESET CERTAIN PARAMETERS OF THE PERSISTENT GAME WORLD MECHANICS, INTERFACE OR FEATURES OF FRAGMATIC DIGITAL INC. GAMES ONLINE IN ORDER TO MAINTAIN GAME BALANCE AND ENHANCE PLAYABILITY OR PERFORMANCE FOR ITS USERS. THESE CHANGES MAY AFFECT OR CAUSE SETBACKS FOR THE CHARACTERS YOU’VE CREATED.
THESE RULES MAY BE REVISED AT ANY TIME. IT IS YOUR RESPONSIBILITY TO REVIEW THEM REGULARLY TO ENSURE THAT YOU ARE IN COMPLIANCE WITH THE RULES, POLICIES AND AGREEMENTS DESIGNATED BY FRAGMATIC DIGITAL INC.
BY SUBSCRIBING TO FRAGMATIC DIGITAL INC. GAMES, YOU ACKNOWLEDGE THAT YOU AGREE TO THESE RULES AND WILL ABIDE BY THEM.
YOU ACKNOWLEDGE THAT TERMINATION OF YOUR ACCOUNT BY FRAGMATIC DIGITAL INC. OR ONE OF ITS AUTHORIZED REPRESENTATIVES MAY RESULT FROM FAILURE TO ABIDE BY THESE RULES. SUCH TERMINATION WILL NOT ENTITLE YOU TO A REFUND OF ANY FEES PAID BY YOU FOR THE USE OF THE FRAGMATIC DIGITAL INC. GAMES ONLINE CLIENT, SERVERS, FORUM, OR WEB SITE. YOU WILL FORFEIT ANY UNUSED REMAINING CASH POINTS AT THE TIME OF TERMINATION.
YOU AGREE THAT THESE RULES WILL APPLY TO ANYONE THAT YOU GRANT PERMISSION TO ACCESS YOUR FRAGMATIC DIGITAL INC. GAMES ONLINE ACCOUNT OR USER INFORMATION. YOU AGREE THAT YOU WILL BE HELD PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (WHICH CAN INCLUDE ACCOUNT TERMINATION) THAT MAY RESULT IF ANY SUCH PERSON BREAKS THE RULES DESCRIBED HEREIN.
IN ADDITION TO THE FOREGOING, YOU ALSO ACKNOWLEDGE THAT YOU WILL COMPLY WITH THE END USER LICENSE AGREEMENT (EULA). YOU ACKNOWLEDGE THAT FAILURE TO COMPLY WITH THE TERMS SET FORTHMAY RESULT IN THE IMMEDIATE TERMINATION OF YOUR ACCESS TO YOUR FRAGMATIC DIGITAL INC. GAMES ONLINE ACCOUNT AND THE BENEFITS THEREOF WITH NO REFUNDS.
PLEASE READ CAREFULLY.
By signifying your conformity to this End-User License Agreement (hereinafter “License Agreement”), you (the “End-User”) freely and voluntarily accept and agree to be bound by the following terms and conditions:
2. Property Rights. The Game is protected by the copyright laws of the developer and the Publisher, international treaties and conventions, and other pertinent laws. All title, rights, ownership and intellectual property rights in and associated with the Game and all reproductions thereof, including titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation or in-game items or materials, are owned or exclusively licensed by the Publisher. The Game may contain materials licensed to Publisher by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.
3. Limitations of End-User’s License. The End-User’s limited and non-exclusive license granted in Section1 of this License Agreement shall not include the acts or works hereinafter enumerated and the performance of such acts or works shall constitute violations of the Publisher’s rights;
a.Reproduction, copying, translation, reverse engineering, modification, disassembling, decompiling or creation of any derivative works, in whole or in part, based on the Game;
b.Selling, transferring or conveying for valuable consideration, granting a security interest in or transferring reproductions of the Game to other parties in any way not expressly authorized herein, or renting, leasing or licensing the Game to others;
c.Exploitation of the Game or any of its parts for commercial purpose(s), including but not limited to: (a) the use at cyber cafes, computer gaming centers, or any other location-based sites without the express written consent of the Publisher; (b) gathering virtual items, characters, accounts, in-game currency, items or resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game;
d.Modification or causing to be modified any files that are part of the Game in a manner not expressly authorized by the Publisher;
e.Utilization of cheats, hacks, automation software (bots), mods or any other unauthorized third-party software designed to modify, interfere with or otherwise affect the outcome or purpose of the Game;
f.Using any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or about the Game; provided, however, that the Publisher may, at its discretion, allow the use of certain third party user interfaces in the Game;
g.Hosting, providing or developing matchmaking services for the Game or intercep ting, emulating or redirecting the communication protocols used by the Publisher and/or the developer in any way, for any purpose, such as unauthorized play over the internet, network play, or as part of content aggregation networks; or
h.Facilitation, creation or maintenance of any unauthorized connection to the Game, which includes: (a) any connection to any unauthorized server that emulates or attempts to emulate the same; and (b) any connection using programs or tools not expressly approved by the Publisher.
4. Secured Software. The End-User understands that when the Game Client automatically updates, it may install a different variation of the same onto the End-User’s hard drive during the said installation process. The End-User agrees that the Publisher may install additional software and/or content, which is not included in the above-granted license (hereinafter “Secured Software”). The limitations specified in Section 3 shall likewise apply to Secured Software insofar as they are applicable unless the End-User receives from the Publisher: (a) a license to use the same; and (b) a valid alphanumeric key for unlocking it.
5. Game and Program Monitoring. While the game is in progress, the End-User expressly permits the Game or any software which may be introduced by the Publisher to monitor the Computer’s Random Access Memory (RAM) of the End-User for Unauthorized Third Party Programs running concurrently with the Game. An “Unauthorized Third Party Program” shall refer to any third party software prohibited by Section 3. Should the Game detect, find or discover any Unauthorized Third Party Program, the Game shall communicate to the Publisher any information about such program as well as the End-User’s account details. The End-User understands and agrees that as a consequence, the Publisher may exercise any and all of its rights under the law or this License Agreement even without the End-User’s prior notice or consent.
6. Patches and Updates. The Publisher may provide, deploy or distribute patches, updates and modifications to the Game which will be automatically installed to the End-User’s computer for the continued use or enjoyment of the Game. Accordingly, the End-User hereby grants to the Publisher his/her consent to remotely deploy and apply such patches, updates and modifications for the purpose of updating the Game even without the knowledge or consent of the End-User.
7. Termination of License Agreement. This License Agreement shall continue to be in full force and effect until terminated by either party. The End-User may terminate this License Agreement at any time by: (a) permanently destroying all copies of the Game in his/her possession or control; (b) removing the Game from the End-User’s hard drive; and (c) notifying the Publisher in writing of the End-User’s intention to terminate this License Agreement. The Publisher may terminate or discontinue with this Agreement at any time with or without valid cause or reason. Upon termination for any reason, all licenses granted herein shall immediately terminate and the End-User must immediately and permanently destroy all copies of the Game in his/her possession and control and remove the Game Client from the End-User’s hard drive.
8. Limited Warranty. The Game is provided by the Publisher without warranty of any kind, either express or implied, including but not limited to implied warranties of condition, uninterrupted use, merchantability, fitness for a particular purpose, and/or non-infringement.
9. Limitation of Liability and Indemnity. The Publisher and/or its partners, subsidiaries or affiliates shall not be liable in any way for any direct, indirect, incidental, special, exemplary or consequential loss or damage of any kind arising out of the Game or any use thereof, including but not limited to:
a. Loss of data, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other damages or losses;
b. Affecting the player’s characters, virtual goods (e.g., armor, potions, weapons, etc.) or currency, accounts, statistics, or user standings, ranks or profile information stored by the Game and/or the Service;
c. Interruptions of service, ISP disruptions, software or hardware failures or any other event which may result in a loss of data or disruption of service; or
d. Effects on the physical and emotional wellbeing, condition and/or concerns of the End-User. The End-User hereby agrees to defend, indemnify and hold the Publisher harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys’ fees) incurred by the Publisher arising out of or from the End-User’s use of the Game.
10. Representation and Warranties of End-User. The End-User declares and warrants that he/she has:
a. the legal capacity or has suitable age or discretion to enter into this License Agreement, or is assisted by any person of legal age and discretion in executing or agreeing to this License Agreement;
b. carefully read and understood the rights and obligations arising hereunder and consequences of this License Agreement; and
c. given or provided the correct and accurate information in the game account register or such other disclosures required by the Publisher.
11. Denial of Use and Other Penalties. The Publisher reserves the right to temporarily or permanently deny or prohibit the End-User from playing the Game or from accessing his/her account, should the End-User: (a) make any misrepresentation in the game account registered information or in any of his/her personal information which is required by the Publisher to be disclosed; (b) violate any of the provisions of this License Agreement; and (c) commit such other acts which the Publisher deems reasonable and appropriate for denying or prohibiting the End-User to play the Game or from accessing his/her account. In addition to the foregoing paragraph, the Publisher, upon notice to the End-User, may impose such other penalties for violations of any other provisions of this License Agreement especially the End-User’s representations and warranties declared in Section 10, including but not limited to confiscation of items, currency and characters, and such other penalties equitable under the premises.
12. Equitable Remedies. In case of violation(s) of the Publisher’s exclusive right to publish the Game and/or the commission of any of the acts or omissions enumerated under Section 3, the Publisher reserves the right to prosecute and proceed against the End-User by the filing of criminal, civil and such other appropriate legal action(s) for the protection of its rights and for the reparation of the injuries or damages suffered thereby. Should the End-User violate any other provisions of this License Agreement, the Publisher may exercise any and all remedies granted to it under applicable laws or this Agreement.
13. Cumulative Rights and Remedies. In the event that the Publisher decides to exercise a particular right or remedy under this License Agreement, the same shall not preclude the employment or constitute a waiver of any other remedies granted to it under applicable laws or this Agreement.
14. Changes to the Agreement. The Publisher reserves the right to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement which shall either be posted on its website and/or provided through such other mode as the Publisher may deem effective. If any future changes to this License Agreement are unacceptable to the EndUser or cause the latter to no longer be in compliance with this License Agreement, the End-User may terminate this License Agreement in accordance with Section 7 herein. The End-User’s installation and use of any of the Publisher’s updates or modifications to the Game or the continued use of the Game following the notice of change(s) to this License Agreement constitutes an acceptance of any and all such changes. The Publisher may change, modify, suspend, or discontinue any aspect of the Game, impose limits on certain features, or restrict the End-User’s access to parts or all of the Game at any time without notice or liability.
15. Governing Law. Except as otherwise set forth herein, this License Agreement shall be governed by, and will be construed under, the Laws of the Republic of the Philippines.
16. Jurisdiction. Any dispute arising under this License Agreement shall be filed and resolved in the courts of Pasig City, Philippines to the exclusion of all other courts.
17. Severability. The End-User and the Publisher agree that if any portion of this License Agreement is found illegal or unenforceable that portion shall be severed and all the provisions which are not affected thereby shall be given full force and effect.