These Terms of Service form an agreement between you the user and Legendary Games Ltd located at Antenna, Beck St, Nottingham NG1 1EQ, UK (hereinafter referred to as "Legendary", "Us" or "We”)
By using a Legendary online service, which includes Legendary websites (the "Service") you are telling Legendary that you understand and accept these terms of Service and agree to be bound by them.
If you do not accept or understand these terms of Service you should not use or access the service.
If you are under the age of 18 years and do not understand these Terms of Service please ask a parent or guardian to explain their meaning to you.
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Legendary policies Legendary grants you a license subject to the limitations and restrictions outlined below to access and use the Service. You agree not to use the Service for any other purpose.
Prerequisite to using the Service
You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.
You are responsible for any fees, including internet connection or mobile fees that you incurs when accessing the Service.
You understand that on certain Legendary websites your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo.
During the Account creation process, you may be required to select a password and username. The following rules govern the security of your Login Information:
- You shall not share the Account or the Login Information, nor let anyone else access Your account or do anything else that might jeopardize the security of Your Account;
- In the event You become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, You must immediately notify Legendary and modify Your Login Information;
- You are solely responsible for maintaining the confidentiality of the Login Information, and You will be responsible for all uses of the Login Information, including purchases, whether or not authorized by You; and
- You are responsible for anything that happens through your Account.
Legendary reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
Restrictions on Use
The service needs to be used within the parameters of certain logical and intuitive restrictions to ensure the service if safe and enjoyable for all users. Any violation of these restrictions can result in the immediate revocation of Your license and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the service including undermining or manipulating the legitimate operation of any Legendary game is a violation of Legendary policy and may be a violation of criminal and civil laws.
You agree that you will not, under any circumstances:
- Engage in any act that Legendary deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics or policies;
- Make improper use of Legendary’s support services, including by submitting false abuse reports; or
- Use the Service in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
Account Information Restrictions
The following restrictions apply to the use of the Service:
- You shall not create an Account or access the Service if it breaches the guidelines set out by the social networking site or service platform holder.
- If you access the Service from an SNS you shall comply with its terms of service or terms and conditions as well as these Terms of Service.
- If you are under 16 you notify their parent or guardian that you have created an account.
- You shall monitor your Account to restrict use by minors, and you accept full responsibility for any unauthorized use of the Service by minors. You is responsible for any use of Your credit card or other payment instrument (e.g. PayPal) by minors;
- You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than You themselves;
- You shall not create an Account or use the Service if You is a convicted sex offender;
- You shall not have an Account or use the Service if You have previously been removed by Legendary, or previously been banned from playing any Legendary game;
- You shall use Your Account only for non-commercial purposes;
- You shall not use Your Account to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spam) to anyone;
- You shall not use Your Account to engage in any illegal conduct;
- You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer Your Account or any virtual items or virtual currency associated with Your Account to anyone without Legendary’s written permission; and
- You shall not access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without Legendary’s permission.
Unauthorized Connection Methods
You agree that you will not, under any circumstances:
- Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service or any Legendary game in any way not expressly permitted by these Terms of Service;
- Use any unauthorized third-party software that accesses, intercepts, "mines", or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service or any Legendary game to store information about Legendary game characters, elements, or environment. Legendary may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
- Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyser, packet sniffer or other device;
- Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Bypass any robot exclusion headers or other measures we take to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
- Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service, or (2) any connection using programs, tools, or software not expressly approved by Legendary;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Legendary game, or to obtain any information from the Service or any Legendary game using any method not expressly permitted by Legendary; or
- Copy, modify or distribute rights or content from any Legendary site or game, or Legendary’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service;
Other User’s Personal Information
You agree that you will not, under any circumstances:
- Solicit or attempt to solicit personal information from other users of the Service or any Legendary game; or
- Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
- Upload or transmit (or attempt to upload or to transmit), without Legendary’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," or "passive collection mechanisms").
You agree that you will not, under any circumstances:
- Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Legendary Game or any Legendary game experience;
- Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third-party software designed to modify or interfere with the Service, any Legendary game or any Legendary game experience;
- Without Legendary’s express written consent, modify or cause to be modified any files that are a part of the Service or any Legendary game;
- Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service or any Legendary game environment (each a "Server"); or (2) the enjoyment of the Service or any Legendary game by any other person;
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or
- Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than you interface provided by Legendary, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
You agree that you will not, under any circumstances:
- Post any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Legendary employees, including Legendary’s customer service representatives; or
- Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Legendary employee;
Un-sanctioned business activity
You agree that you will not, under any circumstances:
- Without Legendary’s express written consent, use the Service, any
Legendary game, or any part thereof for any commercial purpose,
including but not limited to,
- permitting, authorizing, or offering use of the Service, any Legendary game, or any part thereof at a cyber café, computer gaming centre or any other commercial establishment provided however that, for clarity, providing the means for users to access the Internet is not prohibited by the forgoing,
- communicating or facilitating any commercial advertisement or solicitation, or
- gathering in-game currency, items or resources for sale;
- Use the Service, any Legendary game, or any part thereof for performing in-game services, such as power-levelling and item collection services, in exchange for payment outside the Service;
- Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items.
You agree that you will not infringe any copyright. It is Legendary’s policy to respond to notices of alleged copyright infringement. Legendary reserves the right to terminate without notice any user's access to the Legendary service if that user is determined by Legendary to be a "repeat infringer." in addition, Legendary accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
You need to understand that the service is an evolving one. Legendary may require that you accept updates to the service and to games you have installed on your computer. You acknowledge and agree that Legendary may often update the service with or without notifying you. You may also need to update third party software from time to time in order to receive the service and play Legendary’s games.
Legendary reserves the right to change, modify, add or remove portions of these Terms of Service at any time by posting the amended Terms on Legendary’s Service. You may also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise stated, all amended terms shall automatically be effective 30 days after you are initially posted. Legendary may also revise other policies, codes or rules at any time, and the new versions will be available on our sites. No amendment to the Terms of Service shall apply to any dispute of which Legendary had actual notice before the date of the amendment.
This agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.
Termination and Suspension
Legendary may limit, suspend, terminate, modify, or delete accounts or access to Legendary services or portions thereof if you are, or Legendary suspects that you are, failing to comply with any of these terms of service or for any actual or suspected illegal or improper use of the service, with or without notice to you. You can lose your user name and persona as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the service, and Legendary is under no obligation to compensate you for any such losses or results.
Without limiting our other remedies, we may limit, suspend or terminate the service and user accounts or portions thereof, prohibit access to our games and sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the service if we believe that you are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third party intellectual property rights.
Legendary reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point Your license to use the Service or a part thereof will be automatically terminated. In such event, Legendary shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.
Termination of Your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
You may cancel any Account registered to you at any time by following the instructions on Legendary.com.
Intellectual Property and Ownership
The Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Legendary game client, and the Legendary game clients and server software) are copyrighted works owned by Legendary Inc. Legendary reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the account, and you further acknowledges and agree that all rights in and to the account are and shall forever be owned by Legendary. Legendary reserves the right to terminate any account that has been inactive for 90 days.
Legendary owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or any Legendary game. Notwithstanding any provision to the contrary herein, You agree that You has no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Legendary game, whether earned in a game or purchased from Legendary, or any other attributes associated with an Account or stored on the Service.
Legendary prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by Legendary in writing. Accordingly, you may not trade, sell or attempt to sell in-game items or currency for "real" money, or exchange those items or currency for value of any kind outside of a game, without Legendary’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
In the service you may purchase, with "real world" money:
- "virtual currency", including but not limited to virtual coins, cash, tokens, or points, all for use in Legendary games;
- "virtual in-game items" (together with "virtual currency", "virtual items"); and
- Other goods or services ("merchandise").
- You may also obtain a license to use virtual items by redeeming third party virtual currency such as Facebook credits.
All purchases and redemptions of third party virtual currency made through the service are non-refundable. You can order virtual items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these terms. When you place an order to purchase virtual items from our service, we may send you a confirmatory e-mail that will contain details of the items you have ordered.
Users should check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for their records. Legendary keeps records of transactions in order to deal with any subsequent queries. If you purchases Facebook credits from Facebook, you is agreeing to face book’s payment terms and Legendary is not a party to the transaction.
For virtual items, your order will represent an offer to us to purchase the relevant product(s) which will be accepted by us when we make the virtual items available in your account for you to use in our games or debit your credit card, whichever comes first.
The provision of virtual items for use in Legendary games is a service provided by Legendary that commences immediately upon acceptance by Legendary of your purchase. By ordering virtual items you agree and accept that Legendary will provide them to you immediately following completion of your purchase. If you reside in the European Union and you purchase a product or service directly from Legendary, you have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the "cooling off period"). However, you lose your right of withdrawal if the performance of the services begins before the end of the cooling off period. Accordingly, please note that if you purchase virtual items from us, your right of withdrawal is lost as the performance of our service begins immediately once your purchase is completed.
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. Legendary may revise the pricing for the goods and services offered through the service at any time. You acknowledge that Legendary is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.
Links to third party sites
Legendary may provide links on the service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving optional services and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. Legendary makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from our service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Legendary and may collect data or solicit personal information from you. Legendary is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement of Legendary of these linked sites.
User Created Content
Any communications, images, sounds, and all the material, data, and information that you uploads or transmits through a Legendary game client or the Service, or that other users upload or transmit, including without limitation any chat text is user created content.
By transmitting or submitting any User Content while using the Service, You affirm that such transmissions or submissions are:
- Accurate and not confidential;
- Not in violation of any laws, contractual restrictions or other third party rights, and that you has permission from any third party whose personal information or intellectual property is comprised in you Content;
- Free of viruses, adware, spyware, worms or other malicious code; and
You hereby grant Legendary full ownership of the content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license You grants Us to use user posted content (except any content You submits in response to Legendary promotions and competition or any other content specifically solicited by Legendary) ends when You deletes Your User Content or You closes Your Account unless Your User content has been shared with others, and you have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
Legendary assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct.
We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you is using the Service.
By entering into these Terms of Service, You hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
If at any time Legendary chooses, in its sole discretion, to monitor the Service, Legendary nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
Information Use by Other Service Users
Legendary is not responsible for a member’s misuse or misappropriation of any content or information you posts in any forums, blogs and chat rooms.
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others.
Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and Legendary assumes no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please use any "Report Abuse" link provided or contact us at Customer Support.
Legendary may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Legendary violates these Terms of Service. Legendary reserves the right to limit the storage capacity of User Content that you posts on, through or in connection with the Service.
You expressly agree that We have the right, at all times, and at our sole discretion, to disclose any user content and other information (including without limitation chat text, voice communications, IP addresses and Your personal information):
- in response to legal process (for example, a court order, search warrant or subpoena) when We have a good faith belief that the information is required to be disclosed in response to legal process;
- to allow Us to satisfy any applicable law, regulation or governmental request;
- to protect our legal rights and remedies;
- in other circumstances in which We believe the Legendary games or web sites are being used in the commission of a crime (including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction) and for the purpose of reporting the same to the appropriate authorities;
- to report any other suspected crime or other offensive behaviour to the appropriate authorities;
- when We have a good faith belief that there is a threat to the health and/or safety of You or another person; or
- when necessary either to protect the rights or property of Legendary or for Us to render the Service You have requested.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Legendary games. Legendary reserves the right, but has no obligation, to become involved in any way with these disputes.
If you have a dispute with one or more users, You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You expressly agree that use of the service is at your sole risk and is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose (except only to the extent prohibited under applicable law with any legally required warranty period the shorter of thirty days from first use or the minimum period required).
Without limiting the foregoing, neither Legendary nor its affiliates or subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors (collectively, "Legendary parties") warrant that the service will be uninterrupted or error-free.
Waivers of liability
You acknowledge and agree that, to the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that Legendary shall not be liable for any indirect, incidental, special, exemplary or consequential damages in any way whatsoever arising out of the use of, or inability to use, the service.
You further specifically acknowledge that Legendary id not liable, and you agree not to seek to hold Legendary liable, for the conduct of third parties, including other users of the service and operators of external sites, and that the risk of the service and external sites and of injury from the foregoing rests entirely with you.
Under no circumstances will Legendary be liable to you for more than the amount you have paid Legendary in the ninety (90) days immediately preceding the date on which you first assert any such claim.
You acknowledge and agree that if you has not paid Legendary any amounts in the ninety days (90) days immediately preceding the date on which you first asserted any such claim, your sole and exclusive remedy for any dispute with Legendary is to stop using the service and to cancel your account.
You agree to indemnify, save, and hold Legendary, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the service, any violation by you of these terms of service, or any breach of the representations, warranties, and covenants made by you herein.
Legendary reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you is required to indemnify Legendary, and you agree to cooperate with Legendary’s defence of these claims. Legendary will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your account(s) or of the service.
If a dispute arises between a user and Legendary, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Legendary agree that we will resolve any claim or controversy at law or equity that arises out of this agreement or our services (a "claim") in accordance with the following stipulations:
- Before resorting to legal action you must first contact us directly to seek a resolution by going to customer support.
- Once all sources of dialogue are exhausted in customer support you must consider reasonable requests to resolve the dispute through alternative dispute resolution procedure, such as mediation or arbitration, as alternatives to litigation.
Nothing in this agreement shall limit the liability of Legendary for death or personal injury caused by its negligence, for any misrepresentations made fraudulently, or for any liability which cannot be excluded by law. Nothing in this agreement shall affect the statutory rights of any consumer.
This agreement supersedes all prior agreements and undertakings (whether oral or written) between the parties and constitutes the entire agreement between the parties relating to the Software. No addition to or modification of any provision of this agreement shall be binding upon Legendary unless made by a written instrument signed by a duly authorised representative of Legendary.
This agreement shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts. No term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
Legendary shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Legendary, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Legendary’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
© 2013 Legendary Games. All rights reserved.